Can I Challenge My Probation Termination Without Reason or Misconduct Explanation?

Dear Expert,

In a limited company, can a service in a probation period be terminated at any time with immediate effect without telling the reason, without giving warning, without giving any opportunity to defend or explain as the reason itself is not told, but only giving notice pay. Only resignation was asked, but the reason was not told at all.

In the appointment letter, it is mentioned that termination is only for misconduct. Termination on low performance is not mentioned. So, if the termination is due to misconduct, then the employee doesn't even have the right to know "WHAT MISCONDUCT HE HAS DONE?"

Also, if the employee had already taken the initiative in advance and requested HR and sales seniors three times to give a little time and assured about delivering good performance, how should HR ideally respond?

I was working as a sales manager in an insurance company. Please help me and guide me on what can be done. Can I file a case? Should it be in labor court or civil court? Approximately how much "time and money" will I have to spend? Can I ask for compensation from the company? Please help....

Thank you
With Regards,
Sim

Termination during the probation period is possible if it is clearly stated in the contract of appointment. If the letter says that your services shall be terminated on the ground of misconduct only, then it is open to you to ask the management why a warning letter was not given.

Maintainability of your case in the Labour court is another matter. You cannot come under the definition of a workman under the Industrial Disputes Act. Similarly, the applicable law concerning the service conditions of sales promotion employees, i.e., the Sales Promotion Employees (Conditions of Service) Act, applies only to sales personnel of pharmaceutical companies and does not cover insurance companies. Therefore, you have to find recourse under civil law, which is time-consuming.

I welcome comments from others.

Regards, Madhu.T.K

Please check your offer letter and ensure that the following clause is not included:

"During the probation period, your services may be terminated at any time without any notice and without providing a reason."

If that clause is not present, please provide the termination clause here.

You mentioned that "only resignation was asked." Legally, once you have resigned and management has relieved you, there should be no grounds for grievance.

When you have voluntarily resigned, it is not feasible to raise an industrial dispute or file a civil suit.

Regardless of whether an organization is private or public limited, every organization hires employees to achieve its goals, not out of charity. No organization would willingly lose an employee who contributes to its objectives.

Thank you for your valuable responses.

I would like to clarify to K.C.S Kutty that I was 'asked' to resign without being given any reason. HOWEVER, I DID NOT RESIGN. Therefore, I was terminated within a week's time.

The termination clause in the appointment letter reads as follows: "The employment may be terminated by either party by providing formal notice of the minimum period. The company alone may choose to make or accept payment in lieu of the notice period."

'Without assigning any reason' is NOT mentioned in the appointment letter. Additionally, I would like to ask Madhu sir if the case has to be taken to the Civil Court, can we demand 'compensation' from the company?

With Regards,
Sim

In the first post, you mentioned, "Only resignation was asked." However, I DID NOT RESIGN. So, I was terminated within a week's time as seen in the subsequent post only. My reply was based on the facts disclosed in the first post only.

KCS Kutty

You are working in a managerial position. You must be able to understand the reason why you are asked to leave the job. You had not even completed your probationary period... why did you develop such a high state of enmity with the employer.

An organization is always stronger than an individual. In this young age, you must try to learn from your own mistakes for your own growth. Don't get carried away by unwanted thinking which will cost you money, time, relationships, and your valuable career.

This incident may be good for you. You will become a good result-oriented salesperson very soon if you take this in the right perspective.

Thank you.

I never had enmity with anybody in the office. Rather, I was recognized as the most helpful, cooperative, taking initiatives, and showing interest in office cultural activities. This is the reason I was shocked when I was treated so insultingly by my senior through termination. My senior had been torturing me from the second month onwards, as he had always done to others as well. I tried to complain, but I was told to wait until I am out of probation by my reporting manager.

Though I kept silent, I remained firm and focused on improving my performance. But maybe he was expecting even faster results from me. I have a good performance record from my past job, so I think termination has put a stigma on my hard-earned career...WITHOUT EVEN KNOWING THE REASON FOR TERMINATION...! It is a very humiliating feeling...should not happen even with an enemy.

If the agreement says "termination without notice or reason," the employer can invoke it. If the dismissal order states that you are dismissed for certain misconduct, then you should be heard before passing any order.

The agreement doesn't have the words "without reason" mentioned anywhere. The termination is more shocking to me because my BEST business and time was about to come within a week after a follow-up of 3 months, and my career was about to take a "flight" after 4 months on the runway. So when it was time to reap the fruits, I was "terminated without notice..."

Ensure there is a single line break between paragraphs.

I understand that you are in the probation period during the termination. Every appointment letter would state that during the probation period, the service will be terminated without notice if found unsatisfactory. Kindly review the words in your termination letter. If it does not mention anything, you have a remote chance. However, if it refers to any disciplinary issues, then you have a fair chance of succeeding in your case.

This is sad, Sim123. I think justice should be done. What that company has done to you is not at all justifiable in any way. One cannot be sacked in such a way. You were devoted to your work, and is this what you get in return - termination with no concrete reason? This is just so insulting and dirty. Try to do yourself justice, Sim123.

Regards,

Avarna.

I absolutely agree with Kumar. There won't be any appointment letter prepared without the clause of unsatisfactory performance leading to termination. I think you should go and speak to your manager about the grounds for this perceived injustice. You need to understand the reason for termination at the very least. If he is stating that your performance is below par and you have any email evidence of the manager praising your good work or anything similar, I believe you have a good chance of winning the case.