Can Past Performance Save an Employee from Termination Due to Absenteeism? Seeking Your Insights

Hello All, I have a situation here. There is an employee in a company who was the top employee in the years 2003 and 2004 consecutively. Now, the employee is irregular to the job and has high absenteeism rates in the years 2006 and 2007. When asked to work overtime on a particular holiday, every other employee in the organization accepted except this one. The reason for her high absenteeism rate is her illness. She has continuously been reminded of this fact of her high absenteeism rate, which is a genuine reason. However, because she disobeyed to work, she was terminated from the job in the year 2009. She was quiet at that point, and after a year, that is now in 2010, she filed a case saying that she was not warned before. Now... my question is - will the employee's past performance affect her present termination decision? If so, how? Please provide me your valuable views.

Thanks & Regards!

Handling Employee Termination: A Case Review

I feel the case of the employee has not been handled properly. An employee who was the top performer for two consecutive years, if suddenly becomes irregular and finally gets terminated, there must have been some serious reason behind that. I feel a private meeting should have been arranged with the employee to understand the main cause of her attitude/behavior.

Before terminating her, first verbal counseling to improve her absenteeism followed by written counseling should have been given. In the case where she refused to do overtime, she should have been given a show-cause notice to explain the reason for her behavior. After receiving her reply, appropriate action should have been taken. I feel if documentary evidence is not available against her, her past performance is definitely going to matter.

Regards,
Rekha

Thank you very much for the reply. It's really very informative. Actually, my intention was to know if her past performance has any effect on her present termination decision. I feel that her past performance should not influence any decision made today regarding the employee's profile. This is because the employee's performance they were discussing in the case is from about 3 years ago. The employee might have enjoyed the benefits of being a top performer during that time. Now, all that matters is how her behavior is and how responsible she is towards her job. What do you say?

Also, I want to know - do HR managers have the right to know why an employee refuses to work overtime? Or even when an employee goes on leave, is it always necessary for the employee to mention the reason for taking leave, other than sick and defined leaves?

Regards,
Chandra Santhoshi

Do you have any proof of the acceptance of termination by the employee? It is crucial to keep a record of the absenteeism and the communication with the terminated employee. This information may be useful.

Don't worry. Underperformance and absenteeism will not be tolerated by any company. An employer has all rights to terminate a person who is not contributing to the organization.

Please remember that employees have the right to employment, and employers have the right to terminate employees with low performance.

Cheers,
Soja

In cases of non-performance, it's always advisable that the line manager should write to the employee regarding instances of non-performance, targets given, and ask for reasons to understand the reasons for the non-performance. The documentation must be effective to facilitate necessary actions when required.

Regards,
Rachita

You are correct in stating that the past performance of an employee should not impact their present performance. However, in this particular case, where the top performer has now become a poor performer, the situation is unique, and there must be a reason for it. Therefore, all documentary proof of her current performance should be available.

I believe it is at the employee's discretion to provide the reason for their leave. As HR managers act as staff managers with a cooperative role, they should be aware of the reasons for an employee's refusal to work overtime or take leave. This knowledge can help in motivating the employee or maintaining a professional record for performance appraisals.

Regards,
Rekha

Normally, in regards to non-performance, irregularities, etc., of an employee, the line manager or team leader should issue a warning letter to that particular employee. No employee should be terminated immediately in these situations. There are exemptions for an employer to terminate an employee without any prior notice, but that won't be applicable in this case. Has the employee been issued a letter of appointment? If so, what was the term clause mentioned in it? Do you have these clauses, and if so, has she signed a copy as an acknowledgment?

Now, talking about motivating and other aspects won't count as the primary issue is the case she has filed. How was the termination process carried out? Did she acknowledge it? Please be a bit more concise in your questions for proper feedback and comment.

Kind regards,
Regards