Retrenchment Dilemma: How Should We Respond to an Employee's Legal Threat?

Dear Seniors, We have retrenched one employee recently. One month after, he was verbally informed to improve his performance, which he did not. Another month passed, and he was verbally instructed not to come to the office starting the next day as he had not coped with his performance. He does not have an appointment or offer letter; he only has access to his HR portal where he retrieves his payslip and company identity card. He has been working with us for the past 2 years. Recently, he sent a letter to the board detailing the aforementioned situation and questioning why he should not rejoin his duties. If he does not receive any response within 7 days, he intends to seek legal assistance. Kindly advise on the above situation.

Regards, U Moitra.

I don't understand how your company just fired someone without anything being in writing. Basic human psychology suggests that anyone would resist if their job is at stake—didn't your company expect this employee to take legal action? Frankly, that's surprising.

I guess the only choice you now have is to consult your company lawyer ASAP. He has proof of working in your company, while you don't have any proof of his low performance or of intimating him about it.

All the best.

Regards,
TS

Immediate Termination of Employee

Kindly note that we suspended one employee on 24/02/13 for 7 days, but he did not accept the letter and went on leave. On 07/03/13, he resumed his duties, and we informed him that he had refused to accept the order on 23/02/13. His suspension order had been sent to his residence via courier on 07/03/13. The draft letter contains the following:

Date: 07/03/13

Subject: Suspension Order

Reference to our earlier letter dated 23/02/2013, wherein you were issued a suspension order by us. You refused to accept the suspension order and left the office premises on the same day. You were absconding from your duty from 24/02/2013 and suddenly joined today. On enquiry, you conveyed that you went on leave without any prior approval of your HOD.

Your actions are not acceptable to the management, and the management has decided to suspend you from your official duty until further notice.

Now the management wants to terminate him immediately and has agreed to pay 1 month's salary to him.

What letter should I issue to him now for immediate termination?

Request for your kind advice, please.

Thanks & regards,

U Moitra.