Dinesh Divekar
Business Mentor, Consultant And Trainer
Anil.arora
Administration Head
HR Nisha
Hr Professional
+1 Other

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Hello Seniors,
Recently I\'m facing a very big problem in my office. One of our employee has resigned wants relieving in 15 days even mention the date of relieving in resignation e-mail without consulting to her TL, PM.
We told her we cannot relieve you in 15 days as we have lot of work pressure these days. Now she is saying in front of all employees that I\'ll come to office and will not do any work, watch you tube and surf facebook. I\'ll enjoy my 1 month notice period.
Few days back she had argument with the project manager for not completing her work. And at the end she left for home without completing her assigned task.
Please tell me what are the actions I can take against her excluding termination.
Regards,
Nisha Sharma
nisha4_sharma@yahoo.com
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Dear Nisha,

These type of employees need to be taught lesson. If you do not nip this practice in the bud, other employees could imitate this type of behaviour.

Any employee who challenges authority of the seniors needs to be taken on task. For her rude behaviour with the project manager, order domestic enquiry. Give her chance to explain her position. If the explanation is not found satisfactory, you may terminate her. While issuing service-cum-employment certificate, mention reasons of separation as "Terminated because of bad behaviour".

Sooner you order the domestic enquiry, put her under suspension.

If you do this, it will be a life-long lesson to the errant employee and it will be a lesson to all other employees as well. Since you had conducted domestic enquiry, even labour courts also will not interfere in the decision of management on her termination.

My suggestion may sound terrible to you, however, no employee should underestimate the company's authority. Project manager is representative of the company's management. His insult is management's insult. Hence you should come heavily on such employee. Submission of letter of resignation does not give license to anyone to insult seniors. Neither it empowers the resigning employee to refuse to do the work. Every employee is liable for the completion of work till his/her last working day.

Her termination may impose burden on other employees. However, culture of the company is far more important. As a HR, you are liable to maintain culture of discipline. You should come down heavily on those who cross their limits.

Thanks,

Dinesh V Divekar


Thank you Mr. Dinesh for your wonderful advice. But she has already resigned so how can I terminate her.
She is not following any instruction even she is sitting in office with folding legs and when I interrupt her so she drops me an e-mail. I'll sit as I want to sir. DON'T INTERRUPT ME.
Except the termination what are the disciplinary action I can take against her because this behavior will spoil other members in the team By next week many new joinees are joining the company so she'll set bad e.g.'s in front of them.
Is it possible that I company would not issue relieving letter and experience letter to her or can write indiscipline employee in relieving letter?
Please let me know as a HR I can not bear this anymore. Now she's a headache for my company.
Regards,
Nisha Sharma

Please ignore the previous comment.
Thank you Mr. Dinesh for your wonderful advice. But she has already resigned so how can I terminate her.
She is not following any instruction even she is sitting in office with folding legs and when I interrupt her so she drops me an e-mail. I'll sit as I want to sit. DON'T INTERRUPT ME.
Except the termination what are the disciplinary action I can take against her because this behavior will spoil other members in the team.. Next week 1 new joinee is joining the company so she'll set bad e.g.'s in front of him. I don't want to show bad image to my employee.
Is it possible that If company would not issue relieving letter and experience letter to her or can write indiscipline employee in relieving letter?
Please let me know as a HR I can not bear this anymore. Now she's a headache for my company.
Regards,
Nisha Sharma

Dear Nisha,

Sitting posture and defiance to the authority are two independent things. Sitting cross legged is allowed in few offices as it relieves burden on the legs and is ergonomically also correct posture. Keep this factor aside.

Concentrate only on the defiance to the authority. As told in my previous comments, submission of letter of resignation does not give license to disobey the orders of the seniors. Take stern disciplinary action else this bad apple will vitiate your organisation's culture. For taking disciplinary action, you need to have credible evidence also. For this, when she refuses to do some work, record her behaviour. Video recording is the strongest evidence against her.

At this stage terminating her will not mean anything to her. Real punishment lies in issuing service-cum-employment certificate with negative remarks. She will not be able to show this certificate to any of her future employer. Do not withhold the relieving certificate as she could acquire sympathy from fellow team members.

After conducting enquiry and subsequent termination, issue office office circular stating that due process of law was abided with (or principles of natural justice were followed) before termination. All other employees must come to know that your company has culture of justice.

Action speaks louder than words. Communication is not just verbal communication or written communication but in organisational communication, you send message through your actions.

I do not know why you are nurturing soft corner for this employee. While running administration, good behaviour has to be rewarded with positive discipline and bad behaviour with negative discipline. Positive and negative discipline both go hand in hand. You cannot stick to either of it forever.

Before ordering enquiry, take help of some labour consultant. Let a professional handle this enquiry. As such Enquiry Officer only investigates the matter and he/she does not have authority to recommend punishment. Based on the findings of the enquiry, quantum of punishment is decided by the management. Hiring Enquiry Officer may cost some money. But this matter need not be seen through routine cost-cutting drive.

Issue of service certificate with negative comments without conducting enquiry will carry no meaning as this certificate could be challenged in court of law. Your every action has to be backed by evidence. To have evidence, conducting domestic enquiry is utmost important.

Convince your management on ordering enquiry, her termination and later issue of service certificate with negative remarks. Because of her termination of disciplinary grounds, she could forfeit terminal benefits of her employment. If she has served more than five years then she could forfeit gratuity also. However, please check with labour consultant on forfeiture of gratuity.

Thanks,

Dinesh Divekar
ONE DIRTY FISH SPOILS THE WHOLE POND"

I am really surprised to know that you are still bearing this type of unprofessional and immature behaviour and believe that she can be an asset for you or you need her alot because YOU HAVE WORK PRESSURE THESE DAYS.

I believe, she must have terminated after issuing a notice/warning letter timely by stating all the reasons as soon as you found her taking such actions. Also, you are an employer and you too have no rights to take any decision that won't suit your organizational environment or be a reason to influence /encourage other employees by anhow.

Like Mr Divekar said "If you do not nip this practice in the bud, other employees could imitate this type of behaviour"

She has resigned and on a notice period but still an employee till the last day of her notice period and can be terminate immediately on the basis of her such actions but you didnt, and searching options for how to get work completed by her, is your mistake. If you think that she cant be terminate because she has already resigned, then I would say you cant take any disciplinary action against her too.

Second, as Mr Divekar said that it is really important for you to handle her wisely and let her know the results of challenging authority by her conscious wrongful actions and misbehaviour, she must not allowed to enter in the premises that would have been your first step, but she allowed by you which I believe is not in your favour and for sure have encouraged other employees too. However, you are well aware of the consequences of your as well as her actions but still have not taken firm actions was another mistake.

Well you can go to the following actions which will be tactful and professional steps and gonna be a good lesson for her

1) do not allow her to enter in the office /company premises w.i.e

2) issue her 'termination letter' by referring her undisciplined behaviour,

3) withdraw the all facilities/ asset provided her such as Employee ID Card, Laptop, Mobile (if any), and other

4) need to send a circular email to all the employees by referring her as 'Indiscipline employee' and that she is terminated,

5) you must designate her as 'Indiscipline employee' in her relieving letter,

6) follow the notice period conditions as stated in her appointment/employment letter

7) assign her task to another employee and instruct him/her to inform the all correspondents /contacts about her termination with such reason

Both employee and employer need to respect and value the relationship and none of them allowed to disrespect it at any cost.

Be professional, take wise and immediate actions.

Best of Luck
Dear Nisha,

Once an employee gives his or her resignation letter, termination and disciplinary action has no meaning. This is a very tricky situation. The only way to handle this is by putting her activities on record and serving her memos ( letters describing her behaviour) and warning her that if she does not contribute to work or does not behave and maintain the decorum she may be liable to having adverse remarks in her relieving letter. Also put it in writing that she may not be relieved as stated since her handing over and work allotted which needs to be finished in reasonable time is incomplete and pending such incompletion of work you may withhold her relieving and full and final. Make sure that you mark her negatively in her relieving letter even if she stops coming to office after the deemed notice period is over. Do not pay her dues. (should you have to give the letter).

Most important, all this must be put on record and served in writing to her right now, because you can be taken to court for withholding payments etc. At such a time you need strong written record (proof) for your case to stand up in court. Try to get written replies from her (no verbal). If she does not oblige send reminders to her stating that she has still not replied to your memos. Persistency is the key and dogged determination to

Hope this helps, you can send me mails for further advise at

Robin Varghese

HR Consultant with long experience of having dealt with HR and its legal effects.
Thanks to all for your wonderful comments. I already mail her a warning letter. Do I require any confirmation email from her side?

This is the warning letter:

To,

Emp Name

Employee ID:

Designation:





SUB: Warning Letter



Name,



It has been brought to the notice that these days you are behaving very rudely with the HR .........., you tried to intimidate her by yelling at her and speaking very rudely in front of everyone.



Few days back your manager Mr. ................. instructed you to do proper release of ........... website on 12th June 2014. You had refused to oblige the instruction of your manager. Because you refused to follow instructions, we missed the release on big day of opening of FIFA World Cup 2014.

Your refusal to implement your manager's instruction is wilful insubordination. Wilful insubordination is "misconduct" but even though .......... did not say anything to you. I being HR person cannot ignore such behavior in company.



I hope you are fully aware to the code of conduct which you need to follow till your last working day in the organization. Even in the past you were verbally warned for this type of behavior with HR and your Team leader. However, even though you have received numerous verbal warnings, you have not shown any sign of improvement in behavior and attitude, which is totally unacceptable and amounts to insubordination and display of unprofessional behavior.

The Company has provided you with opportunities to bring change in yourself in terms of your behavior, attitude and your work performance. You have been constantly guided and counseled for the same. But we have not seen any change in you. You are aware that such acts are completely against the company rules and policies.



You are hereby warned to improve your conduct and cooperate with HR and other Team members. Disobedience to the authority vitiates the work atmosphere. If instance of this kind recurs, severe disciplinary action will be taken against you.

Regards,

Nisha Sharma


Nisha good beginning and nice letter to start with- The letter is fine, but I am sure she cares two hoots to these warnings.
Next letter after 48 hours should be not warning but (Show cause notice), asking her to reply within 48 hours.
Change the wording of the letter to show reference to your warning letter and the fact that she has not mended her ways. Force the issue by insisting that she is unconcerned and habitual in her ways.
Last Paragraph should read -
"You are hereby advised to submit your reply within 48 hours from receipt of this letter/e-mail failing which we will construe that you have no explanation to offer and the management will be free to proceed against you at your risk and responsibility and at your cost".
Hope this helps
regards
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