I have been working with a reputable company for the last 1.5 years. I resigned a month ago due to personal reasons (my marriage). I asked the company to release me early, but they denied my request. A month later, I made a mistake. I found someone's belonging on the office premises but forgot to return it to the security team as I was busy with my marriage preparations. When the security team asked me about it, I promptly gave it back to them. However, HR issued a show-cause notice to me for the same, citing it as a zero-tolerance policy case.
Can an employer issue a show-cause notice for such a minor reason?
No harm was done to anyone, and the belonging was successfully returned to its rightful owner. They have now asked me not to come to the office until further communication. It has been over 15 days, and I have not received any response. My notice period will finish in the next 1.5 months. HR is not responding to my emails or calls. What should I do?
From India, New Delhi
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Can an employer issue a show-cause notice for such a minor reason?
No harm was done to anyone, and the belonging was successfully returned to its rightful owner. They have now asked me not to come to the office until further communication. It has been over 15 days, and I have not received any response. My notice period will finish in the next 1.5 months. HR is not responding to my emails or calls. What should I do?
From India, New Delhi
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Employee Category and Employer's Responsibility
There is no mention in the post about the category of the employee, i.e., workman or otherwise. That apart, whether the reason is small/trivial or serious, it is for the employer to assess its gravity and act accordingly, and the delinquent cannot make any complaint at this stage.
At the same time, the management cannot deny or orally refuse employment to the delinquent at this stage when he is facing certain charges without being placed under suspension. It would be better if the poster writes back to the employer and requests permission to work forthwith as usual with back wages, without prejudice to the disciplinary action already initiated against him.
Questioning the Company's Reputation
How can such a company be considered reputable when its HR lacks the fundamentals of a disciplinary procedure? In any case, the poster's remedy depends on the final outcome of the S.C.N. only.
From India, Salem
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6108There is no mention in the post about the category of the employee, i.e., workman or otherwise. That apart, whether the reason is small/trivial or serious, it is for the employer to assess its gravity and act accordingly, and the delinquent cannot make any complaint at this stage.
At the same time, the management cannot deny or orally refuse employment to the delinquent at this stage when he is facing certain charges without being placed under suspension. It would be better if the poster writes back to the employer and requests permission to work forthwith as usual with back wages, without prejudice to the disciplinary action already initiated against him.
Questioning the Company's Reputation
How can such a company be considered reputable when its HR lacks the fundamentals of a disciplinary procedure? In any case, the poster's remedy depends on the final outcome of the S.C.N. only.
From India, Salem
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Please note that I was working as a full-time employee with the organization. I was working at the client site where this incident happened. The HR asked me to leave the client premises on the same day; however, they didn't give me anything in writing (via email or on paper) stating that I am not supposed to come to the office. I am being marked as absent in the system without any written communication from HR. Whenever I call HR, they say they will call me and provide information; however, they aren't giving any clarity, and it's been 15 days already. I am not sure if I will receive a relieving letter or if I will be terminated; however, I have already responded to the show-cause notice. This was a small issue; they could have simply asked me to leave. What was even the need for a show-cause notice?
Thank you
From India, New Delhi
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Thank you
From India, New Delhi
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What was the item that belonged to someone else but you forgot to return? You had resigned, and after one month, you found someone's item. The sequence is not clear. Whatever the case may be, a reputed MNC is violating the basic principle of law by terming you guilty without getting your full explanation.
From India, Pune
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From India, Pune
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Dear Nathrao Sir,
Thank you for your response.
It was a mobile phone that I found lying in the washroom. It was a lost and found case. Moreover, this incident happened one month after I had resigned from the organization. I have been asked to sit at home without any email/document for suspension. Can I take any legal actions against the company in case they plan on terminating me?
Thank you
From India, New Delhi
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Thank you for your response.
It was a mobile phone that I found lying in the washroom. It was a lost and found case. Moreover, this incident happened one month after I had resigned from the organization. I have been asked to sit at home without any email/document for suspension. Can I take any legal actions against the company in case they plan on terminating me?
Thank you
From India, New Delhi
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Since the services of the poster were lent to the client's company, the client has no disciplinary control over the poster. If the client considered the particular incident as misconduct imputed against the poster, they could have surrendered the poster to the original employer/contractor and asked for a suitable replacement. I think this is what might have happened in the issue.
The poster may request the original employer to provide immediate employment or relieve them forthwith by accepting the resignation already submitted. If there is no response, he/she can seek the intervention of the Labor Office by lodging a complaint against both the contractor and the client company.
From India, Salem
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The poster may request the original employer to provide immediate employment or relieve them forthwith by accepting the resignation already submitted. If there is no response, he/she can seek the intervention of the Labor Office by lodging a complaint against both the contractor and the client company.
From India, Salem
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Dear Colleague,
The incident involving your mistake of finding a mobile phone and forgetting to return it immediately occurred while you were serving your notice period and stationed at the client's location. For this, you were issued a show-cause (SC) notice by HR, and you were verbally instructed not to come to work. Since then, 15 days have passed without any further action.
It would have been better if you had shared the essential contents of the SC notice and your reply. Verbally instructing you to stop reporting to work by HR is absolutely wrong and in bad taste.
At this stage, you should write to the decision-maker in your organization highlighting the following:
1. You have resigned for your marriage by giving due notice.
2. Provide the entire facts and sequence of events regarding the incident and emphasize that you accept your mistake, but it was unintentional.
3. The SC notice for the incident, which is a satisfactorily settled matter, is unjustified, and the verbal communication by HR of not reporting for duty is illegal. Therefore, you should be considered on duty during such forced absence and as having duly served during the required period of service.
4. Request to settle your dues, provide a relieving letter, and a service certificate upon completion of the notice period.
The whole issue hinges on the incident, and I also tend to believe that you should have immediately informed the concerned responsible person about the mobile without taking possession of it. Your story of forgetting to inform immediately after taking it is difficult to believe coming from an educated person and appears with unclean intentions unless the true facts point otherwise.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The incident involving your mistake of finding a mobile phone and forgetting to return it immediately occurred while you were serving your notice period and stationed at the client's location. For this, you were issued a show-cause (SC) notice by HR, and you were verbally instructed not to come to work. Since then, 15 days have passed without any further action.
It would have been better if you had shared the essential contents of the SC notice and your reply. Verbally instructing you to stop reporting to work by HR is absolutely wrong and in bad taste.
At this stage, you should write to the decision-maker in your organization highlighting the following:
1. You have resigned for your marriage by giving due notice.
2. Provide the entire facts and sequence of events regarding the incident and emphasize that you accept your mistake, but it was unintentional.
3. The SC notice for the incident, which is a satisfactorily settled matter, is unjustified, and the verbal communication by HR of not reporting for duty is illegal. Therefore, you should be considered on duty during such forced absence and as having duly served during the required period of service.
4. Request to settle your dues, provide a relieving letter, and a service certificate upon completion of the notice period.
The whole issue hinges on the incident, and I also tend to believe that you should have immediately informed the concerned responsible person about the mobile without taking possession of it. Your story of forgetting to inform immediately after taking it is difficult to believe coming from an educated person and appears with unclean intentions unless the true facts point otherwise.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Umakanthan.M and Vinayak Sir, please note that the same thing has happened. The client asked my company to take me off the project immediately, which is what my HR did. However, after that, my HR didn't tell me what to do next, neither about attendance nor about work location. He just asked me to leave the client site on the same day.
I have replied to the show cause, accepting my mistake. Moreover, I have sent a separate email to HR asking about attendance; however, there has been no response.
They are just keeping me hanging on what needs to be done, and whenever I call the HR person, he says that he will give me a call, but then there is no response.
Thank you
From India, New Delhi
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I have replied to the show cause, accepting my mistake. Moreover, I have sent a separate email to HR asking about attendance; however, there has been no response.
They are just keeping me hanging on what needs to be done, and whenever I call the HR person, he says that he will give me a call, but then there is no response.
Thank you
From India, New Delhi
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Hi team,
I have received a response from my HR, and they will provide me with a relieving letter. However, I need to provide HR details to my new company. Are there any chances that the old company's HR will give false feedback? I am unsure of what to do now. Is it safe to provide my old company's HR email id? Please suggest.
Thanks
From India, New Delhi
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I have received a response from my HR, and they will provide me with a relieving letter. However, I need to provide HR details to my new company. Are there any chances that the old company's HR will give false feedback? I am unsure of what to do now. Is it safe to provide my old company's HR email id? Please suggest.
Thanks
From India, New Delhi
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