Need urgent help!
An employee was terminated in the month of August because of her behavior towards the team was rough and argumentative all the time which was bringing down the morale of the team and affecting work process. The employee had served the organization for merely 40 days. Even after discussions, she could not mend her attitude towards work and team members and I got 'n' number of complaints from the team that they aren't willing to work with her. Hence we decided to discontinue her services and wrote the mail on 24 August staying the discontinuation for which she has agreed and replied as well.
We had told her on the mail that the F&F would take 30-40 days, though stated in our policies that it would take 45-60 days. We were willing to initiate her F&F without much delay but unfortunately, the company is facing problems in terms of funds and it took a little longer to clear her F&F but as and when possible we kept releasing partial payments. On the previous saturday we completed her entire payment with compensation for the delay of 30 days extra considering 60 days to be the max period to clear her F&F as per the policy.
She has availed for two half days during her probation, which sums up to one casual leave which are non paid leaves. Hence the deduction of one day was made in her settlements.
Even though 24 Aug was her last day, she claims 26th, though we have proof for that. And she is also claiming to be paid extra and cover the entire 30 days in settlement and she would not accept the compensation we have made because that amount is too less for her. And she has been threatening the company since her termination that she would file legal actions if she is not paid extra.
Now, even after settlements, paid correctly to the days she has worked without any deductions except for leave and PT, she is demanding full payment without which she would involve her lawyer and go legal. This is the 5th or the 6th time she is threatening she would go legal!
Can you please let me know how to tackle this situation as I see there's no mistake we have made because we have paid accordingly except for the unfortunate delay that happened for which she is compensated. I feel she is unnecessarily dragging the issue.
26th November 2018 From India, Bengaluru
Make out a work sheet of payments.
List out with attendance records the date of leave etc.
Date of payment,type of payment and amounts can be listed out along with cheque number of NEFT transfer details.
Hope you followed termination process properly.
Do not bend for her threats to go legal.
Just keep your facts and figures ready and authenticated for tackling things legally.
Keep letter writing or emails to her minimal and factual.
Make no admissions about delay and funds shortage etc.
26th November 2018 From India, Pune
Sure sir. Now do I have to keep responding to her or ill keep these ready and just leave it there? Because i feel we will be involved unnecessarily to these things which is not required. I reply to her and she keeps yapping the same thing. So do you think its better not to reply to her?
26th November 2018 From India, Bengaluru
One simple reply with basic figures and dates of payments can be given to her.
Dont keep replying and adding to correspondence.
Calls also to be kept business like and short to avoid recording.
Finally do not bogged by one ex staff.
It is all part of normal business life.
26th November 2018 From India, Pune
Dear Aishwarya,
Please confirm that you have ensured the following:
1. Her termination is done strictly in terms of the probationary appointment letter. Which means you have quoted the termination clause in the letter with due notice period if applies and the termination is simple without alleging any misbehavior.
2. In case of termination ,F&F settlement is to be made on next working day and your policy of 60 days runs counter to the legal provision. You have faulted here. But while accepting F&F settlement if it is stated that she has no claim against the company ,then it is a point in your favour.
3. Besides you have walked extra mile by giving her additional salary to compensate for the delayed settlement which is also a point on your favour.
4 While her threat of legal action has little merit if you have ensured point 1 above, it has only nuisance value if she drags you in the court.
5. Her demand for payment up to 30 th is baseless but would advise you to see if you can meet it if the matter gets settled amicably as you have already considered giving her extra payment due to delayed F&F settlement.
If no, then don't enter into any written communication with her hereafter and let her do whatever she wants to.
Vinayak Nagarkar
HR- Consultant
27th November 2018 From India, Mumbai
Hi Vinayak Sir,
The termination clause wasn't on the appointment letter but is stated clearly on the policy under the section of the probation period which is duly shared with all employees and was also shared with her.
Regarding the second point, yes after terminating we have to clear the F&F on the next working day, but since the company was running short of funds we could not release the next day itself. We have bought out time with other candidates as well that it will be compensated in this stipulated time.
And no sir, we cannot pay her extra as per her demand. We have done justice to the number of days she has worked. We have paid to what she deserves and we cannot pay as per her wants.
I did not encourage any communication except that I shot a reply mail with proofs of her entire working history with us, as stated above my Mr. Nathrao. That was my final reply to her. For which she is saying its unfair, i have extended my work, I have overtimed for which we did not ask her to. She hasn't met her deadlines correctly and now shes blaming us for that.
This scenario became a good lesson for us to still improve our recruitment process and hiring strategies.
3rd December 2018 From India, Bengaluru
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