How Can I Legally Terminate an Employee on Probation for Misbehavior? Seeking Advice!

Hi, I need advice on how I can terminate my employee for misbehaving. She sometimes is absent from work with late notice or even without notice at times. I have given her verbal warnings, and yesterday she left work 6 hours early because she felt like we did not value her work, as we were complimenting another employee on his performance. She made it sound like we do not appreciate her hard work, but honestly, she has not been following the standard procedures at all. She has been working for about 3 months now on a probationary status. Could you provide any legal advice on how I can terminate her? Thank you in advance!

This also depends on the cadre in which she is working. If she is in the workmen cadre, identify her issues related to the workstation, initiate an inquiry, and take necessary action.

Regards,
Rahul Bagale

Steps to Address Employee Misconduct

If the management, including her immediate boss, thinks that she is not worthy, please make sure that it's time to say goodbye to her. Start giving warnings in written letters only through the immediate boss, with reference to oral warnings. Give her time to improve her behavior/attitude. If she fails to do so, ask her in writing why her services during the probation period should not be terminated. Based on her reply, you can take further actions.

Handling Indiscipline in the Workplace

What does your HR policy say about indiscipline? Do not entertain indiscipline in the organization. As you rightly warned her orally, initiate disciplinary action by issuing a show cause notice for late coming, early leaving without permission, being absent without prior permission or leave sanction, disorderly behavior, insubordination, etc. Maintain records.

If she is in the officer cadre, review the terms of the appointment order and take appropriate disciplinary actions. Request her explanation for each offense. If the charges are serious, conduct a fair and impartial domestic inquiry. Based on the inquiry's findings, take action proportional to her misconduct.

Courts always seek documentary evidence and fairness.

Please consider all these aspects before taking any actions.

Regards,
G.K. Manjunath, Sr. Manager-HR

Performance Review Letter Preparation

As her probation period is completed, please prepare a performance review letter for her last 3 months. In the letter, address that her performance has not met the standards expected. It is essential that she improves her performance; otherwise, termination may be considered.

Probation Period and Employee Termination

Do you have a fixed period of probation for all employees? If yes, has she completed it? In any case, as you have not confirmed her, you can give her a final written warning citing reference to earlier verbal warnings and give her a specific timeframe to improve. If she does not improve, her services are liable to be terminated. Before you give this written warning, please also inform her that due to her absenteeism/late coming, her probation has been extended for another month.

Nothing works verbally. Everything should be in documentation that will be worthwhile.

And I agree with Mr. Manjunath. Does your company follow this policy and disciplinary rules? For example, in one of the companies, if somebody does not come to the office for up to 3 days without informing about their leave, then the company can issue a warning letter. If they repeat the same behavior, then an absconding letter will be sent to them.

So, everything depends on your policy.

Termination During Probationary Period

During her probationary period, it is recommended to discontinue her service due to insufficient performance. Avoid pursuing disciplinary action as the process can be lengthy, and even a minor fault in the procedure could lead to complications. In the event of her dismissal for misbehavior, it may be necessary to reappoint her through legal proceedings.

Regards

Addressing Employee Behavior Issues

Should you be facing a behavior problem with one of your staff, please ensure the following:

1. This behavior does not jeopardize the business's "organization image."
2. This behavior does not jeopardize employees.
3. Sources of this behavior – i.e., are there any external reasons provoking this behavior?
4. Is the behavior considered misconduct according to the HR manual and code of ethics?

Once you have conducted your investigation, then the following steps are to be followed:

1. An informal interview with the employee to draw their attention to their behavior and offer advice on ways to change it – if there is no change:
2. There should be a formal interview with an official memo given to the employee, drawing their attention to their behavior.
3. Should there be any complaint, a formal warning letter is to be given, and a confrontation between the misbehaving employee and the person complaining should occur – take the time to listen to both sides before confrontation (the confrontation should be unscheduled – no rehearsal for either party).
4. Then a second warning letter is to be issued in the presence of high management.
5. If there is no change, the following is to be done:
- Give them a 3-month notice of termination to allow them to find a job.
- They should be given a letter of termination of service immediately with no notice if you don't want an angry employee causing damage. Preferably, a security person should ensure all work is handed over and the employee is escorted outside the premises on the same day of termination.

Regards

If she is working under a probation period, issue a show-cause notice and set a condition that if she does not comply with this task, the management will terminate her job.

First of all, please try to understand the reason why she was not taking her job seriously. If she explains it, that would be ideal.

If you want to give her a chance, then issue a written warning stating that her probation period is being extended due to specific reasons.

If you do not wish to give her another chance and have found a better candidate, you can terminate her employment by providing a written explanation.

Alternative Solutions to Termination

Termination is not the solution to the problem. If it were, then what is the need for HR in a company? This way, you will lose your employee. Find another way to solve this problem.

Regards,
Lokendra Singh
Efforts Never Die...