Dear Members, It would be grateful if you can advise on the following case.
I was engaged with a new and small company as an employee (middle-management level) since 5 years. I was engaged since the company started their operations. This for-profit company provides services to an international NGO for implementation of their program in different states of India and uses their name in all the work they do (for e.g. my designation for the outer world was on role of this international NGO, but contracting arrangements were made through this company). The global team members of this international NGO works actively with India team members, thus they know all the staff very well.
As I was raising concerns (which were technically correct) since 2-3 months related to program implementation over email and during in-person discussions, the two seniors (who are also directors in the company and they are the one who leads everything and there is no democratic and transparent environment in the company) took it against them as this was questioning their decision making. These two seniors were always copied in emails related to all the program related communication and were aware of issues happening in the program as they were part of meetings as well. To satisfy their ego, they have sent a long email to me (through my supervisor, who was also part of this group and never functions in democratic way. He follows blindly what these people say him to act) highlighting performance issues. There was no performance related email sent to me before this email. All the issues mentioned in the email were falsely placed allegations and they made me responsible for everything which was not worked out as per the decided plan (despite the senior management was copied on every single email and was aware of issues). I was very disappointed after looking at the email. I responded to their email in a day's time by answering to all their allegations and resigned in the same email highlighting the negative environment created by them as the reason. I had also copied a member of global team of this international NGO to highlight the issue happening in this company as this NGO is actively involved in operations of this company.
After my resignation, there were no attempts to discuss this with me. Instead the HR sent an email (HR is just a puppet and two people in senior management use this email ID. HR does not have access to it) to me raising concern that why I did not reach out to senior management of this company to share my concerns, but copied resignation email to a team member of international NGO. I responded that senior management of this company was already copied on all the emails and was part of almost all the meetings, so why there was need of separately reaching out to them if they were aware of the issues on day-to-day basis. They again sent the email with the same question and I responded to them.
After 5 days of my resignation, they terminated me on the ground of performance limitation and misconduct. Performance limitation after 5 years of my service to the company (I also got promoted to a new role 2 years back) and misconduct as I did not reach out to senior management of the company separately and highlighted the issue to a team member of this international NGO which is actively involved in operations and was the last resort to seek relief in my case. The global team member of this NGO never responded to me despite knowing me well. It is important to note here that they have created this misconduct case after my resignation email.
There is no issue in monetary terms (they are making complete payment including one month notice period salary).
At first they were writing reason of termination (performance limitation, misconduct) in the experience certificate, but later on my request they agreed to remove it. They will give cheque and experience certificate to me once I sign the full and final settlement documents which have the termination as the reason of leaving (which was not actually the case, I had resigned). I have requested them to change the language in full and final settlement documents (using reference of my resignation, not the termination) as this will impact my career if in future any company reaches out to them for reference check and they can show these documents as a proof in support of my termination.
Please advise the next steps (or otherwise) if they refuse to change the language in full and final settlement documents as this is not only related to getting the full and final settlement money and experience certificate, but also about self-respect. I have copy of all the communications which was done with the company.
From India, Jaipur
I was engaged with a new and small company as an employee (middle-management level) since 5 years. I was engaged since the company started their operations. This for-profit company provides services to an international NGO for implementation of their program in different states of India and uses their name in all the work they do (for e.g. my designation for the outer world was on role of this international NGO, but contracting arrangements were made through this company). The global team members of this international NGO works actively with India team members, thus they know all the staff very well.
As I was raising concerns (which were technically correct) since 2-3 months related to program implementation over email and during in-person discussions, the two seniors (who are also directors in the company and they are the one who leads everything and there is no democratic and transparent environment in the company) took it against them as this was questioning their decision making. These two seniors were always copied in emails related to all the program related communication and were aware of issues happening in the program as they were part of meetings as well. To satisfy their ego, they have sent a long email to me (through my supervisor, who was also part of this group and never functions in democratic way. He follows blindly what these people say him to act) highlighting performance issues. There was no performance related email sent to me before this email. All the issues mentioned in the email were falsely placed allegations and they made me responsible for everything which was not worked out as per the decided plan (despite the senior management was copied on every single email and was aware of issues). I was very disappointed after looking at the email. I responded to their email in a day's time by answering to all their allegations and resigned in the same email highlighting the negative environment created by them as the reason. I had also copied a member of global team of this international NGO to highlight the issue happening in this company as this NGO is actively involved in operations of this company.
After my resignation, there were no attempts to discuss this with me. Instead the HR sent an email (HR is just a puppet and two people in senior management use this email ID. HR does not have access to it) to me raising concern that why I did not reach out to senior management of this company to share my concerns, but copied resignation email to a team member of international NGO. I responded that senior management of this company was already copied on all the emails and was part of almost all the meetings, so why there was need of separately reaching out to them if they were aware of the issues on day-to-day basis. They again sent the email with the same question and I responded to them.
After 5 days of my resignation, they terminated me on the ground of performance limitation and misconduct. Performance limitation after 5 years of my service to the company (I also got promoted to a new role 2 years back) and misconduct as I did not reach out to senior management of the company separately and highlighted the issue to a team member of this international NGO which is actively involved in operations and was the last resort to seek relief in my case. The global team member of this NGO never responded to me despite knowing me well. It is important to note here that they have created this misconduct case after my resignation email.
There is no issue in monetary terms (they are making complete payment including one month notice period salary).
At first they were writing reason of termination (performance limitation, misconduct) in the experience certificate, but later on my request they agreed to remove it. They will give cheque and experience certificate to me once I sign the full and final settlement documents which have the termination as the reason of leaving (which was not actually the case, I had resigned). I have requested them to change the language in full and final settlement documents (using reference of my resignation, not the termination) as this will impact my career if in future any company reaches out to them for reference check and they can show these documents as a proof in support of my termination.
Please advise the next steps (or otherwise) if they refuse to change the language in full and final settlement documents as this is not only related to getting the full and final settlement money and experience certificate, but also about self-respect. I have copy of all the communications which was done with the company.
From India, Jaipur
Hi,
Please request them to change the reason in the Full and Final Settlement and ensure amicable separation. As they have agreed to change in the experience certificate they will consider your request for change in the Full Final Settlement also. While I do not want to go in depth as to who is wrong who is right, one thing is for sure that always the employer get the opportunity of taking upper hand in future in case of any verification from future prospective employer of yours.
From India, Madras
919Please request them to change the reason in the Full and Final Settlement and ensure amicable separation. As they have agreed to change in the experience certificate they will consider your request for change in the Full Final Settlement also. While I do not want to go in depth as to who is wrong who is right, one thing is for sure that always the employer get the opportunity of taking upper hand in future in case of any verification from future prospective employer of yours.
From India, Madras
Dear Rakesh,
Just yesterday, I gave my comments on why you must get along with the bosses. There is no point in taking on them. Click the following link to read the first paragraph:
https://www.citehr.com/611830-dilemm...ml#post2425140
You say that you are from middle-management. Therefore, some junior members must be reporting to you. In that case, provisions of the Industrial Dispute Act, 1947 do not apply to you. Therefore, you cannot approach the Labour Office to settle your grievance. In case, nobody reports to you then confirm and we will tell you what to do further.
Now for the argument's sake, let's believe that your termination was illegal. Then the next remedy is filing a civil suit. That is also not advisable as the court cases drag for years and when the final verdict will be given by the court, you will not have the energy to enjoy it.
Therefore, the last option left is to make a truce with the bosses. That any way you are doing it. Tender unconditional apology and get a neat and clean relieving letter.
Thanks,
Dinesh Divekar
From India, Bangalore
Just yesterday, I gave my comments on why you must get along with the bosses. There is no point in taking on them. Click the following link to read the first paragraph:
https://www.citehr.com/611830-dilemm...ml#post2425140
You say that you are from middle-management. Therefore, some junior members must be reporting to you. In that case, provisions of the Industrial Dispute Act, 1947 do not apply to you. Therefore, you cannot approach the Labour Office to settle your grievance. In case, nobody reports to you then confirm and we will tell you what to do further.
Now for the argument's sake, let's believe that your termination was illegal. Then the next remedy is filing a civil suit. That is also not advisable as the court cases drag for years and when the final verdict will be given by the court, you will not have the energy to enjoy it.
Therefore, the last option left is to make a truce with the bosses. That any way you are doing it. Tender unconditional apology and get a neat and clean relieving letter.
Thanks,
Dinesh Divekar
From India, Bangalore
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Termination-emp loyment_563.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc