Is It Ethical to Hold Back Assets Until Final Payment? Seeking HR Advice on Handling Resignations

Dear All, I would like to know if the employee has resigned from service. May I have the rights to roll out the letter of non-performance? We have asked the employee to leave within 3 days of a 45-day notice period by compensating with a month's salary. Additionally, the employee is not giving the assets handover such as a laptop and phone, and says that only after clearing the cheque will she hand over the same. Are all these actions ethical, and what is the role of the HR person in this situation?

I believe I can put a black mark in the concerned person's reference check in the future, and even in the relieving letter, I can write my comments about the non-performance.

Thanks,
Vishnu Pryal
[Phone Number Removed For Privacy Reasons]

Please don't do that. Please don't mind that as an HR, your thinking is very aggressive, not up to the mark of an HR level. An HR or Manager always has to balance between employees and the organization. Try to resolve this problem with the help of verbal or written communication. Step into her shoes and then think about the situation. Just as you are concerned with your assets, she is also concerned with her assets, i.e., money. What if someone puts a black mark or notes non-performance on your relieving letter?

I am sorry to say, but you are behaving inhumanely. Relax and think about sorting out the situation without any discrepancies from either side. Why do you want to destroy her future when she may have dependents relying on her? You mentioned that she has resigned and served the notice period, so what is wrong?

A possible solution may be to communicate with her, ask her to return all the assets of the company, and collect her full and final settlement.

I apologize if my words have hurt you in any way.

For your information, last week we discussed your concern topic, which is "Action Against Employees After Resigning - Employers Taking Help of the Lovely Wordings Non-Performance."

I would go by Yaasmin's response, but for a different reason. When someone takes the stand the employee mentioned to you, there can be only two possible reasons: (1) there must have been some occasions in the company's history where employees were made to run around for the dues/certificates due to them, and they have heard about it from other employees. (2) The employee concerned must have had such an experience earlier in their career and is trying to be cautious in this instance—even if such caution is unjustified here.

As HR, it's your duty to figure out which possibility is the right one applying to the concerned employee and only then take suitable/appropriate action. If it's (1), you need to bring it to the management's notice—so that the how and why of it can be analyzed and corrective measures put into place. If it's (2), then as HR, it's your job to allay the fears.

You didn't mention the actual reasons why she resigned. Just talk to her and see how to resolve things amicably. If such a case is a one-off situation, then you may not have much to worry about. But if such situations repeat, then you could be laying the ground for ex-employees to bad-mouth the company outside (nowadays social media networks are also being used), and in the long run, it's the company that suffers—and consequently the concerned HR person.

Regards,
TS

Hi Vishnu, my suggestion is that with this kind of attitude, don't even give a time of 3 days for this employee for the notice; you can terminate her on disciplinary and performance basis immediately. Give her a termination letter, not the relieving letter.

Regards,
Sasi Rekha.

Kindly provide the following information:

1. Has the resignation been acknowledged and/or accepted?
2. Has your organization provided the relieving letter?
3. What is laid down in the Terms & Conditions of the HR policy for the same?
4. A letter of non-performance could be given when the employee is in employment and not when the resignation has been accepted and acknowledged, and the HR department has proceeded with the same.
5. The employee's behavior, as mentioned, is not ethical, no doubt.
6. Inserting a black mark is not ethical without knowing the grounds for why the employee is behaving as described by you.
7. Please also describe the reasons that led your employee to act as mentioned by you for an appropriate reply.

Thanks

Regards

Dear HR professionals, the matter is sorted out with mutually agreed terms between us and the employees. I would like to thank all for the valuable suggestions and time.

Sometimes, such cases happen, and as HR professionals, we have to act diplomatically and smartly so that such issues do not leave a scar in the minds of other employees, which could affect the company in the long run.

Regards,
Vishnu Pryal