Umakanthan53
Labour Law & Hr Consultant
+1 Other

- On 28 June, 2018 - I have received a show cause notice asking why action should not be taken on you and I was asked for a justification within 24 hours.
- On 29 June, 2018 - I gave a detail justification for the above mail.
- On 2 July, 2018 - I was asked to meet the management personally and give further justification
- On 4 July, 2018 - I discussed with management and the matter got solved verbally and then till 22 July, 2018, I received no further mails on the above topic. (But the HR+ Management has not closed the above mail trail and it is kept open till date)
- On 23 July, 2018 - I have send my resignation mail to HR+ Management where I have mentioned that I am ready to provide complete 3 months of notice period
- The company is going through losses and has a history of unsatisfied workforce, and specially after resignation they make it difficult for the employee to operate on day to day basis.
- Today is 25 july, 2018 and I am worried if they terminate me for any non- performance issue and quotes the same on my relieving letter/ Experience letter. (Till now I have not got any mails on non-performance )
- I have been working with this company from last 4 years and got three promotions and i have experienced that many employees have been tortured in their notice period, After giving 4 years I want a clean experience letter from the company.
Please help me out and yes talking is no more a solution here.

From India
- On 28 June, 2018 - I have received a show cause notice asking why action should not be taken on you and I was asked for a justification within 24 hours.
- On 29 June, 2018 - I gave a detail justification for the above mail.
- On 2 July, 2018 - I was asked to meet the management personally and give further justification
- On 4 July, 2018 - I discussed with management and the matter got solved verbally and then till 22 July, 2018, I received no further mails on the above topic. (But the HR+ Management has not closed the above mail trail and it is kept open till date)
- On 23 July, 2018 - I have send my resignation mail to HR+ Management where I have mentioned that I am ready to provide complete 3 months of notice period
- The company is going through losses and has a history of unsatisfied workforce, and specially after resignation they make it difficult for the employee to operate on day to day basis.
- Today is 25 july, 2018 and I am worried if they terminate me for any non- performance issue and quotes the same on my relieving letter/ Experience letter. (Till now I have not got any mails on non-performance )
- I have been working with this company from last 4 years and got three promotions and i have experienced that many employees have been tortured in their notice period, After giving 4 years I want a clean experience letter from the company.
Please help me as I am mentally stressed and yes talking is no more a solution here.

From India
Dont worry. Just serve the notice period. Nothing will reflect in the experience letter other than ur desig and sal
From India, Chennai
Dear anonymous friend,
I think you must be a managerial/supervisory cadre employee in the organization. Knowing well that the show cause notice issued to you on disciplinary ground has not yet been disposed of by the management, you have submitted your resignation effective from a future date including the notice period.
So, the first important point is that your resignation is not yet accepted by the management. Normally, employers don't accept the resignation of an employee facing disciplinary action. Therefore, your resignation submitted under your own presumption of the closure of the disciplinary action can be rejected by your management even on the last day of your notice period. One can not compel the employer to accept or reject the resignation effective from a future date then and there.
When you are familiar with the harassment meted out to the resignees by the management during their notice period, how come you opted to serve the entire notice period of three months in stead of a buy-out? An efficient employee earning three promotions within a span of four years of service can not become an eyesore to his management all of a sudden. It appears that some important thread is wantonly missing in your narrative.
Better make a personal representation to the C.E.O and request him to accept your resignation making your exit peaceful in spite of your misdeeds, if any in the perspective of the management.
If you are convinced yourself as not guilty, you can fight the decision of the management legally when the cause of action arises.

From India, Salem
Ok. Let me provide you with some details. I work for a college, below is the show cause notice mail on 28 June, 2018 -
***************************************
Hi XYZ,
The below mentioned 2 acts have been reported against you -
- Misrepresentation of 3rd Quarter scores for the Team. As per the initial data shared the entire team performance was 94%. However, post validation the scores have come down to 82%, including your scores which came down drastically.
One of the batch examination scores were low and when asked for a reason you quoted that some of the students were addicted to drugs. This was mentioned without any proper background (medical reports)
The above acts, amount to misconduct which, if proved would warrant serious disciplinary action against you.
You are hereby required to show cause within 24 hours of the receipt of this mail thereof as to why you should not be dismissed.
Should you fail to submit your explanation as required, it will be presumed that you admit the charges and have no explanation to offer.
****************************
Now my response to above mail is below -
Dear HR,
Greetings of the day !!!
Please find below my Responses to the concerns raised by yourself.
Point no. 1 : Misrepresentation of 3rd Quarter scores for the Team .
Response :
1. The 94% scoring for Team Electrical was shared based on the Team understanding of the Goal sheet Parameters achievement.
2. The scores were revised based on the detailed review conducted by my Bosses on the scoring shared which was revised to 82% as per the process.
Further let me take this opportunity to throw light on the facts and figures related to the goal sheet scoring variations.
1. Incorrect scoring from our end was done for 1.5 marks only out of 326 marks
2. 161 marks were agreed upon by both the parties -Me as well as my superiors
3. We have awarded 46 marks which after a lot of discussion was reduced to 23 marks - Which was accepted by us
4. Student feedback was not considered by us because we were told it will be filled by the management later which got added in the GnT. afterwards
5. There were few points which were not agreed upon by us and we have awarded ourselves 84 marks which had been reduced to 64.7, I still insist that my score should be 84marks. I am writing this with a lot of conviction since I know that my department has put in a lot of hard work, I am still pursuing the same with my superiors (If these marks was provided I would have at least crossed 80% to 85%)
I have attached a detailed excel sheet which provides all the above necessary information
Point No:2 : students were addicted to drugs. This was mentioned without any proper background (medical reports)
My Response:
Let me tell you I am Faculty in-charge of the department and I am not entitled to get medical tests done on the students who rarely attend my lecture or in that case even if they do attend my lecture.
l Then the question arises how do I come to this conclusion ?????
We (The whole team) had seen a video sent by a student which showed students making/ taking drug and one of them screamed sir ko bol dunga (This video is 1yr old and we don't have the video right now, so hope this is not asked as an evidence)
We have counseled the students to not to do this and then the students said "NO we WILL NOT DO IT"
We have one more student who not only said that we will not do it but has also changed a lot, he belonged to the same group - He is now a changed person and he has said that he will come and testify the same if required
Now why I quoted this in my report
- I take the management as a parent with whom I feel I should be sharing all such info without any second thought and with full confidence that my management and superiors will take this feedback in a very constructive manner
- If in every case I have to share the evidence(within my family) then either I will stop raising my voice or I will start collecting evidence for everything
- As a leader I felt I should inform you the true reason of the failure and so i just did the same.
Most importantly, let me mention that me sharing my honest views on the above mentioned points has been taken as mis representation of data / information.
Its my humble request to you to kindly explain the merit behind serving me a Show Cause notice for my honest feedback.
**********************************
Now to this mail - i have got the below mail -
Hi,
Please find our response
Our Response -
The goal sheets & scores are supposed to be validated by you, point by point prior to submission to your Boss
As an HOD/Faculty In Charge it is your responsibility to validate data submitted by your team and also take ownership for what has been missed out. By your response it seems you have just shifted the blame on the team and washed your hands off it.

We can understand a variance 5 % of the scores however it was found that the variance here was around 10% for the team and 24% in your case, which is huge.
There could be only two reasons for this -
Either you are not competent enough to interpret team data and assess them
Or
You have on purpose misrepresented data which is an integrity issue.
This is a violation of the Code Of Conduct policy on the grounds of integrity and has serious consequences.
Response: Students & Drug Addiction
Our Response -
In the above case you have already mentioned that the students were confronted by you and they had admitted that they will not repeat it. In which case the matter was already closed and the character assassination of our students was not required.
If you were so confident that these students would not clear the exams why did you allow them to sit for the exam, have you sent a mail to your Centre Head seeking permission to with hold the selected students.
A student is an official representative of an institute. If you as an HOD/Faculty In Charge label him as a drug addict it will reflect his character and his future/career while affecting the brand of the institute. As the HOD/Faculty In Charge such justification for low scores is extremely irresponsible.
ur concern here is the labeling the students with harsh judgmental statements which is not acceptable to the management.
By these actions you have clearly violated Principles of our oraganization and have not introspected yourself or the team to find areas of improvement within and the team which showcases your attitude as a complacent leader.
Kindly present all details to Higher management on Thursday 5-Jul-18.
*******************************************
After this above mail of HR I met the management and It seem all they want is a sorry from my end. After this the whole trail mail stoppped.
and then on 23 July after 20 days i resigned saying I am willing to serve the complete notice period.
The question remains the same can they terminate me ?

From India
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