Termination Vs Asking Resignation From The Employee

Dear Shreya,
the damage is already done if he would have sought the advise before tendering his resignation a lot could have been done. But now the probabilities is very less. Please ask your friend what reason did he quoted for leaving the job in the resignation. Only then i will be able to tell you something about it. Please elaborate on the circumstances in which he was asked to tender the resignation. now the case has become more circumstantial so state the full story and we may get a solution to the problem. Feel free to call also if required.

thanks friends . some more concerns left -

1. what happens in the case where an employee rejects the advice of the management for the resignation and prefers to continue as there is credible reason for terminating him. Can the organisation still terminate his employement. How can he safegaurd himself in this case.

2. In case he accepts the advice and puts his paper and completes the hand over process and serves the notice period is it possible to give the terminate the employee with back date i.e before the date of his resignation during his notice period. how can an employee react to this condition

3. Is it possible for an employee to safegaurd his employment in case of whistleblowing. In case of corporate lobbying pressurising his retrenchment is there any legal immunity provided to the worker

4. how long does it takes to reach a judgement if the employee decides to go legal and what is the process.

5. is it possible for the employee to sue the company officials on grounds of mental trauma and defamations if he is able to prove his innocence in the court.

thanks for the help

Dr. Piyush, you have been making some serious allegations against the company, therefore, it is just appropriate for us to know the size of the company as well as the role and designation of your friend.
Just to give you an overview:
1) Yes, if the person refuses to accept the "suggestion" of the employer to resign, he can still be terminated. The reasons for termination can be any of the following: Insubordination, Indiscipline, Working Against the Company etc.
2) If the suggestion of the employer is listened to then the last day at work is considered as the final. Letter issued by the company cannot be back dated.
Question number 3-5 can only be answered if I know the size of the company as well as the role and designation of your friend. And also if the company is listed or not.

Thanks a lot Sanjeev for taking the time out for replying to the post ..
These are all generic questions which I thought could be linked to this topic and hence posted them as queries for the benefit of my friends .
Would it be possbile for you to kindly answer it for both a small sized,mid sized and large sized company for listed as well as not listed. This will benefit a lot of people who read this post.
thank you for your guidance .
regards.

hi , i would like to understand , if an employee is being asked to leave the company, for only fulfilling egoooo.. how should one tackle the situation ,also how he can teach a lesson to the concerns in ethical manner (legal) should he issue a notice to the company or to the concern manager , can he file a complaint against the concern at police station. what should be a note of compensation asked...
Please suggest your opion
Regards
Dipan

I lead Reputed concern TN state head position since sep'14 . Based on my hard working and speedy in project completion, I have been awarded for star performer in Jan'15. Earlier leader who resigned and out of company is very close to my superior and making trouble to me through his friend who is in my team. Recently (march'15), my NHQ boss decided to elevate me from state to zonal head from may'15. This is not tolerated by my superior (this position handling additionally by him for past 6months) and joined along with left out former leader and tried to escalate unproven allegations over me. But he strongly taken upon with my big boss by brain washing him in his own style.
Suddenly, without any intimation, HR called me to submit my resignation without any delay. I asked the reason , but they don't have any valued reasons and itself management decision. Initially I have not accepted and took up to state higher levels and they told they are also helpless in this management politics and advised me to resign for getting my settlements decently.
I send a mail to my boss, HR with requesting for 2months time. My boss agreed and replied to HR to accept my request. But after my resignation, HR confirmed that no time extended and will be relieved on the same resignation day. I am having 120 days privilege leaves (can be adjusted for notice period of 90days) and annual variable pay expected in this month are affected.( variable pay from April to march every year, but HR told this amount will not consider in F&F).

Till now, colleagues in my company came to known that resigned by me not under forced resignation. Now I am jobless and getting job for my position is not an easy task.
Expecting good suggestions /advise to defend my company legally for justice.

If an employee has been asked to leave because of some misconduct unknowingly. He got all the dues and relieving letter and experience letter too. Will his Verification from other company will be negative as it is involuntary.

Resignation is better then termination . You will get all the benefits at the end of your separation mention in the appointment letter..However you couldn't get or asked for anything from the employer if you are getting terminated .

Since you worked in TN you are governed by TN Shops and Establishment Act. Since you resigned giving two months notice, employer could not have relieved you before expiry of two months. Thus your discharge is illegal. You are thus governed by section 41 of the Act whereby without reasonable cause and one month's notice you could not have been dismissed. The discharge being illegal is null and void and you are entitled for reinstatement. File complaint before the inspector under the Act. If you do not want reinstatement file civil suit for claiming damages from the employer.
Thanks
Sushil

Recently received my relieving letter mentioning with date of resignation and date of Relieving ( I.e 07.05.15 and 08.05.15). Will this affect my new job search?
While calculating my F&F settlement, they deducted 90days as notice period and considered less days for encashment. Now I am not accepting my settlement statement and requested for 90days pay or till date of my relieving request and also I am getting eligible for max encashment. Still no reply for more than 20days from HR.
What action to do from my end. Pl. Advise.