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Dear All, I need a suggestion on termination case wherein employee had performance issue and late logins die to which we had issued warning letter +PIP letter and after that she resigned from her services and currently serving notice.After resignation she is not completing assigned work on time and also continuous to login late enough warning have been issued and during notice she has availed leaves stating emergency due to her unacceptable behaviour work is getting hampered.

Please let us know if we can terminate such employees and what would be the procedure and if we would get sample termination letter for same would help a lot.
Awaiting for some inputs
Regards,
Shwetha
14th August 2017 From India, Bangalore

Dinesh Divekar
Business Mentor, Consultant And Trainer
SwatiSinha13
Human Resources
+1 Other

1. Do you have any policy for separation, if yes please observe it strictly
2. If not, the please prepare the same, get it approved and circulate to employees so that from next such case you can handle it better manner.
14th August 2017 From India, Pune
Dear Shwetha,

Misconducts during the notice periods cannot be condoned. Therefore, I recommend you following normal process of handing employee indiscipline. Order the domestic enquiry. Let the misconduct be proved. If the misconduct is proved then you may give her appropriate punishment.

By the way, your post has so many grammatical and spelling errors. Please write the draft of the post on MS Word and then copy and paste. Hope to maintain personal credibility, you can put up these efforts.

Thanks,

Dinesh Divekar
14th August 2017 From India, Bangalore
Thanks Dinesh...Will ensure to check grammatical and spelling errors before posting.

Thanks
Shwetha
14th August 2017 From India, Bangalore
It would be helpful if you can provide any sample letters for same.
14th August 2017 From India, Bangalore
In such a case, one can ask the employee not to serve the notice period with immediate effect and pay off all his dues according to organisation's separation policy (consider the misconduct in calculating f&f). This acts as a check on her misconduct. Also, let the employee know of the impact of bad reference from you in future.
17th August 2017 From India, New Delhi
Dear Swati,

You have given suggestions on the post of Shwetha. That is fine however, the line sentence of your post reads let the employee know of the impact of bad reference from you in future.

To use the reference check as weapon will be it's gross misuse. Bad reference checks destroys the career of the persons. Employee might have played truant or she had wayward behaviour. Nevertheless, awarding punishment for such behaviour is different and giving threat on reference check is different. What if threats from HR become order of the day?

Let us not forget the fiasco that Tech Mahindra had to undergo in the recent past. For unseemly and inhuman termination of the employee, person none less than Mr Anand Mahindra as well CEO Mr Gurnani had to apologise. It was the bold move of the terminated employee who uploaded audio file of the conversation with HR on the social media. However, before that person, many must have been sacked and their method of sacking must have gone unnoticed for long.

If some smart fellow captures this threat then what can happen that I leave it to your imagination.

Thanks,

Dinesh Divekar
17th August 2017 From India, Bangalore
Dear Dinesh,

I agree with you.But how do we deal with employees even after giving verbal and written warnings still continues same behavior which impacts our client and work environment. Please suggest how to take it forward.
17th August 2017 From India, Bangalore
Point well made, Dinesh. Thanks
17th August 2017 From India, New Delhi
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