We terminated an employee who was under probation on the below said clause. All I want to know is, is there any complications to the organization by the employee if she decides to fight or go legal?
1. The employee joined on 16 July and was under probation. During the term, we realized that she had a very stubborn attitude and was not mingling well with the team. Whenever the team interacted with her for any re-work, she debated and argued and after a series of arguments she would agree for the re-work. Over the time the team (5 members) was very dissatisfied with her attitude and reported to me many times that they are unable to work with her and her attitude is causing a delay in deliverables. We alerted the situation to her and for two days she was fine and again the problem started. We have had 3 discussions with her regarding this over one month and asked her to mend her behavior. After the recent discussion which happened 10 days ago, the team started to interact very less with her, started to corner her because they weren't ready to work with her and go through the same problem again. Every work which was supposed to be directed to her was going through me since the team is not ready to work with her.
2. We have had client escalations on her work during her tenure, which could have been easily solved if she could mend her attitude a little. Unfortunately, such changes weren't seen from her end even after repeated discussions.
3. On 24 August we had a final discussion with the employee to discontinue the services. Even the employee was ready to quit in a day or two and she has put across her dissatisfaction with the company and the team. Today in the final discussion, she demanded to carry her work to add to her portfolio, since we have NDA's signed with the client and we did not allow her to do so. She also claimed that she will carry the laptop given by office until she gets the F&F. I did not allow her to do that as well. Her attitude today was not something to be appreciated and I rightly understand the trauma of being terminated.
4. She lastly demanded an increase or to pay extra for the work she has done for past over a week. The organization had deliverables to be completed and we asked her consent to work faster until the month end. With her agreement, we went ahead to give her work. She hasn't over timed or worked on the weekends. She claims that the work she did during the 8 hours is something out of her limit and that we have to pay her extra. We rightly put across to her that we will pay her for the days she has worked and nothing extra can be done.
My question: Is there any chances of her going legal or fighting for this through any means? I see that the organization is not at all on any legal complications because we aren't holding back anything from her. Am I right on this front? Please clarify!

From India, Bengaluru
Dear Madam,
Your stand and actions leading to her termination during probation ,after giving her adequate opportunities to mend her ways/improve performance, are quite fair and legally tenable. It is not known whether you have conveyed in writing about her unsatisfactory behavior/ performance.
However, it is always prudent to be proactive, wherever it is practicable, in allowing probationer to complete the probation period and terminate the services on the last day of the probation period in order to put your actions on legally sound footings.
In the instant case, if she drags you to the court , your actions , if well documented, should greatly support you.
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
Dear Vinayak sir,
Our probation period is for 6 months and if the employee is not improving even after repeatedly telling and when the team member who is crucial to working with her on every project is not ready to work, and when there is no productivity seen, there is no point continuing or waiting for her to complete her probation where the company ends up spending lacs for absolutely no proper work by the end of termination. And being a startup we cannot simply afford to pay an employee for absolutely no work or wait until probation to terminate her.

From India, Bengaluru
We include a clause in appt letter- Probation period is ---months and during probation employee is free to resign without giving any reason or notice period and his/her services may also be terminated without giving any notice period or reason.
Hope similar clause exists in your organisation,
Col.Suresh Rathi

From India, Delhi
Col. Suresh Rathi Sir, yes we do have a clause stating it...
From India, Bengaluru
Always better to give warning letters and ask explanation in writing from an employee. Repeat the process to prove that proper written warnings and dissatisfaction was shown by employer.
Also fair chance given to improve is it documented anywhere? how can this be proved?

From India, Mumbai

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