Dear Sir, In an Ltd company, I got a call from the HR head, asking that she got feedback from my boss that I am not performing and following this either you have to resign or will issue a letter for the exit.

I was trying to get on call from my boss, he is not responding on calls. So we have sent a mail where I have shown my performance over last year, we have given the data of business volumes, revenue, no any operational loss and the initiatives implemented by me and asked to justify my performance facts and figures given. Last year promoted as state head, so marked email to the level of MD of the company, But they are not responding/justifying my performance. Boss has convinced management that I am not doing well. I have decided that I will not resign, waiting for the HR exit letter. Request your guidance on this matter at the earliest.

From India, Patna
Dinesh Divekar
Business Mentor, Consultant And Trainer

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Dinesh Divekar

Dear friend,
It appears that you are in the bad books of your boss. Once the boss decides he/she does not want a particular person, then nothing stops them. In very professional companies, an environment of justice exists. Otherwise almost all the companies are driven by the human biases. Against this backdrop, you may try to convince HR but if they do not oblige, then it is better to leave on a good note. Finally what matters to you is a neat and clean "Service-cum-experience Certificate". By chance, if they issue a blemished certificate, it will be a big loss to you. You will have to file a civil suit to get an unblemished certificate but to do that half of your life could be lost!
I know you could be seething with the anger for the injustice that you have met with. But nothing can be done.
Take the instance as an accident of your career. In the accident, people suffer because of no fault of theirs. If you are skilled and talented, then getting a good job should not be a problem.
All the best!
Dinesh Divekar

From India, Bangalore
Refer to the discussion over call, from HR dept. is asking me to put your resignation or else company will send you on forced leave (Not termination) without citing any reason for that.
This is on personal biases and to satisfy enormous ego of the senior.
Is there any provision to fight legally.

From India, Patna
As company is asking for the forced resignation from employee and employee is willing to serve the notice period of 3 months by putting their resignation by paying monthly salary (As per HR)
Can employer accept employee resignation and relieve with immediate effect? Shall employer is bound to pay the short of notice pay to employee in case of accepting resignation on immediate basis.
Or this may be the condition where employer accept the resignation and without paying the notice pay to the employee.

From India, Patna

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