How Should We Handle Immediate Termination for Disrespectful Behavior?

jayashreenanditha11
Dear Sir,

If we want to terminate the person on the spot due to the reason that he has not replied to the superior of the company in a respectful manner, what do we have to do and what is the procedure for the same?

The termination is with respect to the appointment letter, i.e., giving one month's salary with full and final settlement.
Anurag Jain
Let us know the circumstances in which such event took place. What is the probable reason for taking this step?

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Please let us know the circumstances in which the event occurred and the likely reason for taking this action.
jalasayanan
What is the level of the employee? Is there a union in your organization? Is there a risk of race, caste, religion, sex, or language discrimination while pushing the employee out? What is the level of the superior? What was the topic of discussion? Does the history of the employee suggest similar behavior? Why the urgency? What if the employee continues to work for the organization? Is there a clause in the order or appointment letter pertaining to the removal of service with lesser notice? Is the employee not interested in working for your organization? Is employment by nature stressful? Has an inquiry been conducted? If so, what are the findings?

Without answering these questions, terminating an employee could be difficult for an HR personnel.

However, if you feel the employee should be let go, and if you are a small organization without union or labor problems, and if you are not a manufacturing unit, you can very well give one month's salary to relieve him. This is highly risky if you do not address a few of the vital questions listed above. Personally, I do not support the idea of terminating an employee just because a few questionable activities have been noticed.

As a good HR person, if your organization does not wish to employ a person, talk to him and explain the issues behind the decision to continue employment and take a resignation letter from him.
meh_gajjar
Dear,

I believe, for this reason, one should not terminate the services unless this behavior on the part of the employee is repetitive in nature and given enough opportunity to improve his/her behavior. Termination would be a quick-fix solution. Try to make a root cause analysis and find out the underlying problem of such behavior. Termination on such issues will damage the climate of the company, though discipline can be taught.

Mehul
N Rajesh
Hi Everyone,

HAPPY NEW YEAR!

Yes, Mehul is right. The first step should be counseling to find out the root cause. Sometimes the employee may not be aware or exposed to the basic ethics of the company. Therefore, there is nothing wrong with identifying and cautioning either orally or through a warning letter.

If there is no improvement even after counseling for the first time, then we can consider the termination process or other efficient methods.

Rajesh :)
advocateadhikari
Friend, you must keep in mind that you can terminate an employee without conducting an inquiry, but there should be a very good reason such as riots, disorderly behavior, or misconduct where you are not able to conduct a domestic inquiry. Only in that condition can you terminate the employee.

Otherwise, you must follow the principle of natural justice, issue a charge sheet, ask for his explanation, conduct a domestic inquiry, and obtain the inquiry report. If the inquiry officer finds the charges are proved against the employee, issue a second show-cause notice and then terminate him.

In the case of riots or disorderly behavior, you can forfeit the gratuity of the employee.
rajanassociates
Dear team,

First, issue a memo. Only in cases of insubordination should you proceed to that extent, following a thorough enquiry process if it concerns permanent employment.

With Regards,

E-mail: rajanassociates@eth.net
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