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Anonymous
I'm a confirmed employee and have completed one year of service. Recently, during a review call, my manager insulted me and I responded back. The discussion was on providing support on Sunday, and due to her shouting and insulting, I said I won't work on Sunday. She took it as an ego hurt and sent me a termination notice, mentioning the reason as the non-flexibility of working. I have accepted the termination notice and decided to move on. However, would like to know is this a valid reason for terminate an employee.
From India, Kottayam
Madhu.T.K
4193

This is not a valid reason for termination. Moreover, an employee cannot be terminated without offering opportunities to defend the charges. The charge is very weak, and as such termination is bad in law. Certainly, if you were an employee not having any managerial functions, you can challenge the termination.
From India, Kannur
Anonymous
Thank you so much for your quick response. But how can I challenge this termination. They dont even respond me back to my email. attached the mail correspondence with company references removed.
From India, Kottayam
Attached Files (Download Requires Membership)
File Type: docx termination mail.docx (13.5 KB, 0 views)

Madhu.T.K
4193

This is actually a discharge simpliciter because the employer has given you notice of 30 days. It is interesting that the communication has not come any HR person or such person designated to appoint or terminate an employee. Obviously, if you were appointed by a manager he could only terminate you. It is not the help desk with whom you can communicate such matters. That itself shows that the company has no HR protocols.

Challenging the termination will make the employer hostile, and they will use it against you in all your future career by putting negative comments in the background verification. If you are not bothered about it, you can approach the Labour Officer who will initiate conciliation process considering your complaint as an industrial dispute. He will call the employer and try to sort out the matter amicably. Therefore, if the person concerned is not responding, you can speak to him/ her over phone and tell her that you are going to lodge a complaint before the Labour Officer. Things will take a different turn then.

From India, Kannur
rincy-josy
thank you so much for your expert advise.
From India, Kottayam
Dinesh Divekar
7855

Dear member,

The senior member Mr Madhu TK has given two replies. Both replies are from a legal standpoint. My reply is from your career point of view. I don't know the complete details of the incident but my interpretation is based on your post.

The managers work under pressure. Occasionally, they pass their frustration down the line. Of course, no one should do it but it happens sometimes. Against this backdrop, I wish you had filtered your manager's emotions and picked up the message behind her communication. On the contrary, it appears that you retaliated with matched intensity. In a huff, now you wish to quit your job.

Fine, you may get another job but if one wishes to grow one's career, one should avoid making decisions in a fit of annoyance. As a junior employee, we need to make some compromises. Combative postures do not take us anywhere. They are a hindrance to our growth.

After this incident, it will be difficult for you to continue in the same company. However, I recommend you learn literature on interpersonal skills, conflict management skills etc. and reflect on the incident. Find out whether there was a better way to handle the incident. Related to the incident, let me write a famous quote from Herodotus. He has said, "force has no place where there is need of skill".

The General Comments: - The incident well illustrates how a poor interpersonal environment in the company takes a toll on the employees. In most companies, the managers are given the targets to be achieved in their departments. But neither are they given targets to maintain the motivation level of their subordinates nor are they given targets to maintain attrition level in the department. The managers cannot treat their subordinates as chattel that can be dispensed at their will. Attracting the right candidates is very difficult. Candidates do not line up at the main gate of the company. Even if the right candidate is selected, it takes time for him/her to settle into the new job. Against this backdrop, managers need training on managerial competencies in general, and the competency of motivation in particular.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Dear Dinesh Divekar,

Thank you so much for analyzing the situation and commenting on it. You are right; this is now done, but I need to learn from it.

It was a direct email of termination, without even asking for any explanation. The real fact is my manager wanted to create fear among the team, that if anyone disagrees with her will not survive.

Once again thank you ...
Rgards,
Rincy

From India, Kottayam
Dinesh Divekar
7855

Dear Rincy,

I refer to your second post. On reflecting on the incident, you feel that it was an error on your part to make a counterattack against the manager. An introspection teaches us a lesson and you have learnt a lesson from it. I appreciate your attitude of self-examination.

It may be noted that we work for the organisation and not for the manager. Because of the bad manager, the organisation does not become bad. Because of their responsibility, they visualise certain things which the subordinates cannot. The manager had told you to work on Sunday. By doing so, she had exercised her authority. But please note that while exercising authority, managers do it in the interests of the company. They don't have any personal interests. As a subordinate, we should contribute so that the interests of the company are served better.

While writing above I am quite aware of how the managers use coercive management style. Their high-handedness or roughshod treatment leaves the subordinates devastated. I do not recommend working under such managers forever. My point is limited to tendering resignation in a huff.

If you refer to the theory of negotiations, you will find there are five negotiation styles: competing, avoiding, accommodating, compromising and collaborating. In the incident you mentioned, you used a "competing" style. Learn the theory of negotiations well and in future, when you face such a situation, write down the responses for each negotiation style. Choose what you feel is most appropriate. After three or six months, do a review to check whether or not the selected style was right or not. Sometimes, you could reveal the chosen style was wrong. When you develop this habit of doing review will help you grow intellectually.

Anyway, all the best for your future job selection. Till you get a job, you may brush up your knowledge of the theories of HR.

Thanks,

Dinesh Divekar

From India, Bangalore
ashok pal
6

are they not paying overtime or compassionate rest in regarding working on Sunday ? if yes you must work on Sunday else regret in kind manner.
From India, Indore
Madhu.T.K
4193

Ashok Pal, paying overtime wages and allowing a compensatory weekly off are not a remedies because you cannot compel an employee to do overtime (or work on a weekly off day) and the employer or his representative (manager) should not threaten the employees to get the things done. If threatened, the employee will teach his manager what is law, and then the things would take another turn. Better avoid such scenes in the office.
From India, Kannur
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