NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Indolegal1@gmail.com
Legal, Legal, Legal
+1 Other

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Dear All,
One of my friend working in a startup as HR was terminated unexpectedly after three months from the date of joining when he is in sick leave with the below reasons and said they are to clear FnF first week of immediate month on a regular procedure -
Incompetence- The basic HR activities like attendance and leaves monitoring and reporting, employee grievances, etc. have not been performed at all
Misuse of flexibility of work hours
Lack of self-organisation and incomplete tasks
And here i would not agree to the reasons they mentioned because they never had a review on the work done, or had any one - one meet to discuss what is happening from the day one after writing my KRA\'s. Never had a review. At the time of joining and later they said employees can work flexibly with out misusing when work is there. And it was never misused but was not on time to office but able to complete the work on time. Without reviewing what the work was done and how it was done, they com
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Dear All, One of my friend working in a startup as HR was terminated unexpectedly after three months from the date of joining when he is in sick leave with the below reasons and said they are to clear FnF first week of immediate month on a regular procedure - Incompetence- The basic HR activities like attendance and leaves monitoring and reporting, employee grievances, etc. have not been performed at all Misuse of flexibility of work hours Lack of self-organisation and incomplete tasks And here i would not agree to the reasons they mentioned because they never had a review on the work done, or had any one - one meet to discuss what is happening from the day one after writing my KRA\\\\\\\'s. Never had a review. At the time of joining and later they said employees can work flexibly with out misusing when work is there. And it was never misused but was not on time to office but able to complete the work on time. Without reviewing what the work was done and how it was done, they commented
Dear All,

One of my friend working in a startup as HR was terminated unexpectedly after three months from the date of joining when he is in sick leave with the below reasons and said they are to clear FnF first week of immediate month on a regular procedure -

1. Incompetence- The basic HR activities like attendance and leaves monitoring and reporting, employee grievances, etc. have not been performed at all

2. Misuse of flexibility of work hours

3. Lack of self-organisation and incomplete tasks

And here i would not agree to the reasons they mentioned because they never had a review on the work done, or had any one - one meet to discuss what is happening from the day one after writing my KRA's. Never had a review.

At the time of joining and later they said employees can work flexibly with out misusing when work is there. And it was never misused but was not on time to office but able to complete the work on time.

Without reviewing what the work was done and how it was done, they commented on self organisation and in complete task.

And the superior was not supportive from the day one and very rude even when approached for anything.

Now here my question is how can they terminate an employee with out any review or atleast without one-one meet at any point during the employment, especially when a person is in sick leave.

They had interviewed the candidate for the same position replacement right in front the terminated employee and when asked the manager about the same they said its not your replacement but after 15 days they terminated. and when asked for severance pay they said its not applicable in your case and they did not give smooth relieving even after requesting and now they haven't done the fnf and also not answering to calls, where they are to clear fnf in first week of April.

So I request seniors to help my friend on how to react to this situation and what can be done. Is there any chance to go forward legally to get fnf and severance pay.
Dear Rupa,
Need to see the offer/appointment letter as you/your friend have been terminated immediately
Management may be right in taking action when an employee could not cope up the Job Responsibilities.
Better Luck next time.
R.GunaShekaran
Lawyer
There need not be a review for the Management to arrive at the decisions. In your immediate superior's view, if you had failed in your expectations and on several instances, they have every right to take action. However, normally, opportunities are given, chances are provided to substantiate the charges levelled against the employee so that the employee can either provide justification or reasons for below-par performance. I dont think any organisation can summarily take action.
May be some facts are missed here....... Normally youngsters who post their problems never reveal the true-picture !
Your Employer is definitely empowered to take action for non-perfomance on the grounds as specified.But prior to that the victim should have been given an opportunity to explain his position as per principle of natural justice.However, you may take up your case in challenging such decisions in the court of law .
Dear All,

Thank you for your inputs. I agree to the points mentioned that the organisation has every right terminate employee at any point. But i still have couple of questions to be clarified -

1. How would the employer assess whether the employee met the expectations?. Obviously its based on the KRA's with specific deadlines and review dates given for each KRA. And the work was completed by the committed time along with the all monitoring's they mentioned.

Let us take the same case, the employer is not happy or felt that expectations are not met with out doing the review. But when they felt that it should be communicated to employee as a feedback to improve or rectify which was not done here and they directly took the decision.

2. They took interviews for the replacement in front of the candidate without telling him but he knows that its for same position and questioned superior and management on the same and also said if its a replacement , let me know i would put my papers and leave. They replied "its not his replacement and why do we look for it, as we dont have any problem with you". But immediately after 10 days when the employee is in sick leave for 2 days they mailed the termination letter and appointed another person immediately.

Here my question is its obviously states that the management had plans to terminate before itself but dint communicate even after approaching. How far it is correct. They should have terminated the employee when they started processing interviews itself , isn't it?

3. They have clearly mentioned that has flexible hours which means if the work was done for that day, he can leave or can finish the work any time without affecting. which was maintained similarly. Here i shall accept to the point he was late continuously to office but never had a pending work. Though work was completed on terms of punctuality its wrong.

4. The superior always being very rude in everything and was not at all supportive to take the things in right direction. When she needs some work to get done or information, instead of asking, superior directly question subordinate that the something or the other was not provided or done. when replied that what they looking for was completed, talks very rudely saying like that doesn't make any sense if you keep it to yourself.

Isn't it harassment ?

If the termination is the solution what is the use of having performance reviews or feedback sessions? How can we say that a chance is given to improve and not utilized with out any communication/review/feedback ?

Now please tell me how far the termination is acceptable ?

Regars

Swathi
we would like to take go forward legally against this decision of termination. so before going forward i would like to take seniors advise as to what to what extent its correct to proceed legally and its consequences.
And does this affect the future career ?
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