Hi all,
I was working with a company .they organised a party and inside the party there was arrangement of hard drinks.now the thing is that after completing the party when i was boarding for my cab. Than suddenly i had an argument with a guy whom i dnt know as i was drunk i was quite loud during the argument than one of my friend told me that he is also from our company and belongs to transport department than i realized my mistake and i apologised for the same.but that guy complained regarding this argument to his HOD and they just terminated me from the organisation without asking me anything about the matter.that guy was approximatly seven year old in that company and i was just 4 months old.and my probation period was of 6 months...so please guide me regarding this thing can i file any complaint against that organisation
28th January 2014 From India, New Delhi

Your issue can be viewed from two angle. One is behavioural and other is legal.
legally, since you were under probation, company generally has a right to discharge the employee during this period. You have no ground to contest this termination.
Second is behavioral. you can discuss with your seniors and explain the circumstances under which you had altercation with other.Also can apologise and emphasise that you had no intention to do so. But one learning can be drawn from your incident that one has to control his behaviour in such parties and should not consume any thing beyond limit.
regds
28th January 2014 From India, Delhi
anil kaushik
chief editor, business manager-HR magazine
http://www.businessmanager.in
My only comment will be : What action you might have taken in case you are on the same foots. You cannot justify your action.
28th January 2014 From India, Nagari
Actually my senior doesnt entertain me.i tried to contact them but they havent listened a single thing.they just refused to talk in this topic.i havent given a chanve to speak.is this fair?
28th January 2014 From India, New Delhi
You have not mentioned the hierarchy of the other person to whom you had altercation, this case can be treated as misconduct. During the party you were alcoholic and lose your control to maintain the decorum and respect to your seniors/peers. Since you were indiscipline they have taken a disciplinary action. The other guy on the contrary has complained to his HOD, before you complained/reacted to the arguments. Even you were not knowing who the other person was which indirectly states you were not in control due to alcoholism. Please correct me if I am wrong.
28th January 2014 From India, Ahmadabad
Best Regards
Saji
Sir,

this to inform you that yes i was alcoholic at that time.but it doesn't mean i had drunk that much that i was not in my senses.i was totally under my control.let me explain the scenario in detail.one of my friend was not in his senses which means he is not able to stand properly so we decided to keep my friend on park until our cab arrives.when cab arrived our driver refused to open the gate as my friend was puking.than i had a small argument with cab driver than he called a guy from admin/transport department than he also refused which made me out of control and i started argument with the transport guy.Now that transport guy was working there from past 7 years.but as i was new in the organisation so i haven't seen him before that is why i told this thing that i don't know who was the person.but when my third friend introduced me that he was from transport dept.than i cooled down and i apologies from that same guy who belongs to transport.But he complained to his HOD.and they just terminated me without asking or entertaining me.they even doesn't gave me a second chance
28th January 2014 From India, New Delhi
My dear friend when your friend was vomiting it is obvious that the driver wont allow him to travel in the cab, since who will wash the vomit of your friend. So to avoid it he refused, again the driver with due respect to you being a senior person called his senior from his department i.e. admin/transport department personnel to sort out the matter. The admin/transport personnel also refused so you lose your control/temper and started altercation/arguments which entered into a heated arguments (i.e. arguments in loud voice) wherein the transport/admin personnel got annoyed and thereafter complained to the HOD of your misconduct to your colleague, the HR/Management with due consent to you HOD must have terminated you, without assigning any reason (Please clarify if reason of termination is mentioned). This is my assumption from the one side of the story of yours.

Please refer the termination clause of your appointment, and clarify the termination during probation to guide you further. Normally during probation an employee can be terminated without assigning any reason whatsoever, but if it was after confirmation then they could have not terminated you without probing/domestic enquiry.
28th January 2014 From India, Ahmadabad
Best Regards
Saji
Whatever has happened, please remember, never overdo anything in life. Moderation is the key to success. Corporate or Business etiquette calls for refraining from taking liquor in official parties and if at all you are forced to take, take just a glass, if unavoidable. Our tendancy is to drown ourselves in anything, if it is for free. This should be a lesson for your future. The moment the drinks reaches your head, you lose your self-control. Just see where have you landed. You can try to seek an appointment with your HOD or CEO, apologise for your behaviour. Just refrain from drinks henceforth.
28th January 2014 From India
N.K. SUNDARAM
SOFT SKILL TRAINER (INDIA & INTERNATIONAL) & HR CONSULTANT
Bangalore / 9844008049
www.r2rhr.com
Dear Rahul,
My friend, from both the angle behavioural and legal, your act towards your senior fellow staff was indeed not acceptable though it was happened unknowingly from your side, but brother your organisation seems a fair policy towards their senior staff and about the image of organisation. Your legal battle should not suppress your emotional misconduct.
Please take care in the future.
29th January 2014 From India, Kolkata
Somnath Mukherjee
Dear Rahul,
Kindly refer the clause of Termination of services in your appointment letter. Your company would have considered this termination under the clause of gross misconduct which covers even if you are at official party (i.e, outside the company for official purposes), it is expected for all employees to maintain the conduct as one would have maintained in the company premises.
Though the act was not right, however looking at the situation the condition does not seem that severe to invoke termination.
29th January 2014 From India, Delhi

 

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