Dinesh Divekar
Business Mentor, Consultant And Trainer
Juliana Bentil
Hr Assistant
Event Manager

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Dear Members, my friend has recently been terminated from her company. One month back, they asked her to resign on her own citing cost cutting as the reason. The very next day, they told her not to do so. Now 1 month later, they have again asked her to resign. However when she asked to be given her confirmation letter when she resigned, so that it could be used for future references, she was told that she isn't confirmed. She explained that HR had verrbally told her that she was but the disagreed. Furthermore, when she persisted that she was a confirmed employee and asked for a reason for making her resign, they have now told her that they are terminating her and not to come to office the next day.

The termination letter now cites that she was inadequate at working in her role and has been given reminders which is completely false as till date no written or verbal communication has been made about her work and she has been taking the work of a seniors inspite of being a fresher. Also, they have been approving leave (just like a confirmed employee). What should her course of action be? Please advise urgently.

Dear Gillian,
The information provided is inadequate. Please confirm the following about your friend:
a) Date of Joining: -
b) Last working day: -
c) Her designation: -
d) Number of juniors reported to her: -
e) Nature of the industry in which she works:
This information is required to assess whether provisions of Industrial Disputes Act, 1947 apply to her. In addition to this, please confirm how were her relations with her manager, really company is in financial doldrums or whether it was used as ploy.
Dinesh Divekar

Gillian i suggest you check you Country's labour act and what it says about unfair termination, then also study your organization's policy on termination. Compare that and make your case. Also were you given a letter the first time you were told to resign and what contract do you have with your organisation.
Dear Dinesh Divekar:
a) Date of Joining: - 21st Sept 2015
b) Last working day: - 7th Oct 2016
c) Her designation: - Copy Writer (Junior fresher)
d) Number of juniors reported to her: - none (but she was asked to coordinate on various high profile projects like photoshoots. She even published a book for them.
e) Nature of the industry in which she works: Medical publishing company
As far as I am aware, her relations with her ex-manager was superb and he has also given her an amazing recommedation letter, relationship with her colleagues was great, she wasn't really aware if the company is in financial doldrums. She believes it is unjust as just a month before she was told to resign due to cost cutting.
Dear Juliana Bentil
She wasn't given a letter the first time she was told to resign. Neither was she verbally or non-verbally made aware that her work wasn't up to the mark.

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