AnonymousI was working with a company in Bangalore.
On 26th Feb 2021, I was verbally communicated by HR manager & Head HR that the last working day will be 31st March 2021. On the same day, I contacted a few of my colleagues just to inform my separation from the organization.
On 1st March 2021, I couriered the laptop. On 2nd March 2021, I got a warning email from the Head HR stating that a few of the employees got defamatory calls from my end. I tried convincing her that I didn't tell anything against the organization. I just informed them that I'm leaving. But she didn't listen. After that, I was not in touch with any of the employees.
After completing the Notice period when I sent exit forms on 3rd April 2021, I was informed that I will get a termination letter or they will not do any exit formalities.
HR Manager was not ready to listen at all. She was asking if you have any recording/chat then send. HR Head was helpless. The HR manager was saying that Management is not ready, if you want we can send a termination letter. She is not replying to the emails either.
I sent multiple emails to the founder as well. But he didn't respond. After around 2 months(On 28th April) I got the termination letter in which it's mentioned effective from 3rd March 2021. On the top of the letter also date is mentioned as 3rd March 2021. The reason is not mentioned. After 2 days FNF settlement is also done.
It's really a heart-wrenching moment in my life that too in this pandemic.
Please suggest what can be done in this case? Can I request them again to provide me the experience letter and revoke this termination? Please help me with a few lines(with proper wordings) which will be impactful.
From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
PRABHAT RANJAN MOHANTY
Hr & Ir
Manager Infra & Facilities
Insolvency N Gst Professional
Nagarkar Vinayak L
Hr And Employee Relations Consultant
KK!HRHaving worked with them, you are entitled to an experience letter. Revocation of termination doesn't appear to be feasible. You can approach them, probably in the following words:
"An innocent intimation to my colleagues on my leaving the organisation, thanks to the communication peril as it travelled from ear to ear, has got transformed to be a defamatory message. While I vouch for my firm conviction that I meant no harm to the organisation and its management, whom I still hold in esteem, I am surprised at the unfortunate turn of events.
May I request your indulgence to get me an experience letter testifying my days in the organisation"
From India, Mumbai
AnonymousIn earlier emails, I had already mentioned that "I still hold high regard to the organization, I have never gone against the organization, there might be some miscommunication and all." But still founder didn't respond.
From India, Bengaluru
Nagarkar Vinayak LDear Colleague,
If your story is believed to be true, then management' s action of terminating your services is unjustified and illegal.
You write to them stating the true facts of the case, and how your innocent acts have been misunderstood. You also state that you were not given fair opportunity to defend or no evidence of call record alleged to have been made by you in defamatory way were made available despite you requesting for the same.
You demand reinstatement in service or else you will have to resort to legal action against the company.
Send this communication bY speed post / Courier and retain acknowledgement receipt.
Later, you may have to move forward in consultation with Labour Lawyer.
HR and Employee Relations Consultant
From India, Mumbai
nathraoThe act of management is highhanded and egoistic.
Even if you had badmouthed the organisation and verbal way of termination of your employment in individual phone calls,it does not amount to defamation.
"Defamation has been defined under Section 499 of the Indian Penal Code (IPC) as whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person is said to defame that person."
Take legal advice and write to management about the whole sequence of events and what you actually told.But it equally speaks badly of the people to whom you spoke to go and convey it to management.
From what i can read and understand natural justice is missing and vindictive actions are seen to be done by management.
Other learned members have given you good professional advice.
From India, Pune
In My Opinion:
1. Please check if there is any clause in your Appointment letter, regarding disclosing of confidential information or any official / personal information to other colleagues.
2. If, so, there is really not much that you can do about it, except for filing civil charges against the company for incorrect date of termination.
3. Alternatively, it will be advisable to let the issue die down here only and not to escalate further. You have your salary slips, which acts as a experience for you.
4. The unnecessary bad publisity will cost you heavily in your next job, when background check is done.
This is just an Opinion.
PRABHAT RANJAN MOHANTYDear Friend,
What has happened to you is not only bad but also illegal. Termination on stated ground is bad and ill treated. The more you communicate would weak your case. You need to take the help of a Labour lawyer(HC/LC) If you want a solution to this. The termination of service would spoil your carrier.
From India, Mumbai
Pradipta NathNow what you want? Do you want to move legally or want to get back into your normal working life!
From India, Kolkata
KKSINGH.SINGH552@GMAIL.COMid act 1947 sec25 n 1(a) and all act read seriously 3 month salary minimum after 240 days working period complete any employee .a new amendment of feb.2020 9 month salary is employer provide after without reason terminate any employe
From India, Nagar
sandyk857I could feel your anxiety, stress & pain upon in a situation, which was never thought in your wildest of dream.
I'll suggest the following based on experience:
1 - Pls call all the fellows to whom you had contacted & turn on the voice recorder. Explain them your ordeal & tactfully try to make them speak that you have not spoken any bad about any person or your organization & keep it for your record.
2 - Ask the HR manager for the reason on the termination letter that they had sent it you, I am sure they are legally bounded to share the reason or else tell them that you'll seek Labour court help to take this further. As per the Law, the company will also have to pay you the 3 months salary in lieu to your termination (but that's not we are currently looking at).
3 - If they mention the same reason for your termination then you can attach all the call record audios to prove your point.
4- Also don't fail to mention in your email that these back & forth emails are causing too much of mental trauma to you & in case, if you take any extreme steps in future then the company will the sole responsible (this will be the final nail in the coffin).
5 - Copy this email to CHRO, CEO & your Manager.
I am damn sure that if you follow the above steps, you'll get your clearance done. Be strong, you are fighting against the injustice & these morons will certainly repent for their wrong deeds.
May the truth triumph!
From India, Thana