Facing Sudden Termination for Contacting CEO: What Steps Can I Take Against My Company?

Hi all, I have been working in a BPO for two months as an assistant manager in HR, and my company is terminating me because I approached the CEO directly. However, I was informed by my senior that he holds the position of Executive Director in the company. Now, everyone is manipulating the situation, and I have been terminated without any prior notice. The decision came suddenly, and I feel cheated.

Seeking Advice on Disciplinary Actions

Please suggest the disciplinary actions I can take against the company.

Regards,

Politics is everywhere and in every company. Everybody tries to hit the target by using others as leverage. Only those who can handle these situations well survive. I can only suggest that you give up any idea of confronting the company because they have a lot of power and can prove you wrong. So, please find a job somewhere else, but don't mention anywhere that you have been terminated.

All the best,

Regards, DK Sr. Executive HR

Can you suggest what action I can take against the company management?

Regards,
Khushbu

It happens to almost everyone. You have two options:

1) Either you ask them the reason for termination. The repercussions will be that they will formulate a reason and give it to you. In the end, you will find yourself nowhere, and there would be unnecessary wastage of time. Also, if you proceed legally against the company and the ball is in your court, you cannot continue with them further as you will be given unnecessary assignments and unachievable targets.

2) Forget what had happened and find a new company where you can prove yourself and move forward.

Overall, these are all experiences, and you should learn from them. Always remember, everything happens for good; if one door closes, many others are opened.

Hope this serves the purpose.

Thanks and Regards,
Syed Yasar
Human Resources

Termination Provisions Under the Shop and Establishment Act

As per the termination provisions of the Shop and Establishment Act, a reasonable cause and one-month notice for removal apply only to employees who have continuously worked for the employer for six months. Refer to the KSCE Act section 18, read with rule 3, to check the provisions of dismissal in the Shop Act in your state.

Filing a Complaint Under the Industrial Disputes Act

If you are considering taking action out of revenge, you can file a complaint under the Industrial Disputes Act before the Assistant Labour Commissioner or the Labour Officer concerned.

Many on this thread have given you the correct suggestions. It's a learning experience for you. Let me tell you the fact that when we acquire qualifications, we are not taught the manipulation and practical handling of our profession; it comes with better experiences. You have to be extra intelligent and talented to survive in the corporate world.

I suggest you acquire and hone your skills, look out for better opportunities, and rise to a level where you can make decisions. Then, you can fight against such injustices for others as well.

You need to work hard, stay positive, and you will be successful.

Thank you,
Bijay.

I don't know what kind of guys you are... Instead of fighting, you guys are asking him to join a new job somewhere. Do one thing, dear—search for a job somewhere else, and after getting a job, file a case against that company and fight for your rights. Don't leave them in any case. Is it written somewhere that you will be fired if you contact the company CEO? After all, you are an employee, and you have all the rights to do so.

Just go with the majority. Find a new job. There is no need to sue the previous company as it will have a negative impact on your career. Be diplomatic in your next job. However, you can teach them a lesson by filing a written complaint directly to the CEO about what has happened. No need to worry, as mentioned above, if one door closes, many other doors will open automatically.

Almost all employment contracts in India have an "Employment at Will" clause, meaning the employer can terminate your services anytime with or without cause. However, under the Industrial Dispute Act, they need to pay one month's notice salary.

Regards,

Khusbhu, just go with the majority. Find a new job. There is no need to sue the previous company as it may have a negative impact on your career. Be diplomatic in your next job. However, you can take action by filing a written complaint directly to the CEO about what has happened. Do not worry, as mentioned above, if one door closes, many others will open automatically.

That's the right way. A person holding a CEO position will judge things in the right manner. Just type your resignation with all the reasons and send it to HR and the CEO as well. Try not to get terminated. Submit your resignation and take a copy of the same into your personal email as well.

I suggest you learn from what you have experienced and start fresh with a new company with a positive attitude. Avoid mentioning that you were terminated. Politics exist in every field, so analyze the situation carefully before making any decisions.

Regards,
Harsha

Dear Khushbu, First of all, what is your level in the organization? What was the necessity for you to discuss with the CEO? What did you discuss? These are all areas you need to know when you are in orientation and if you have started your relationship on a good note. No one in management worth their salt will simply fire someone just because a new employee has broken the hierarchy or chain of command in reporting. There must be something else.

You have mentioned that you were fired. This is a loose term and can be used to suit the needs and circumstances. What is your immediate superior's stance? You are in HR, and you are supposed to know the basics of HR orientation.

If they have already decided and your termination is expected, you may submit your resignation. Move on. The world is vast. Do not repeat the mistake in your future, and do not take the company to a legal forum. Engaging in a fight will ruin your career. You may feel temporarily satisfied for nothing. In the long run, and on your career journey, you will create unnecessary issues.

Try not to make emotional decisions. Step back for a day if you have not done so. If it is too late, resign. However, reflect on the entire episode and conduct a SWOT analysis. You will find things clearer as the days pass.

All the best.

Regards, V. Rangarajan.

Dear Khushbu,

I fail to understand the reason given for your termination, "because I have approached my CEO directly." This cannot be a valid reason to terminate any employee. Could you provide more details on why you reached out to your CEO? If this is indeed the reason for your termination, then yes, you can take legal action against the company. The Supreme Court has rulings stating that even when terminating a probationer for disciplinary reasons, a proper inquiry must be conducted, which I believe was not done in your case.

However, if your termination is due to performance issues, you may not be able to take action against them as they have the right to do so in that scenario. I recommend checking your termination letter for the stated reason and then deciding your course of action.

Please let me know if you need further assistance.

Regards

I read your post and the replies from many members of CiteHR. Your post is not very clear. On one hand, you have written that your company is going to terminate you, and on the other hand, you said you have been terminated without any reasons. So, there is a conflict of opinion on the subject by the readers as well.

Now, let us examine the problem from another angle.

You joined the company just two months ago as an Assistant Manager HR. There may be a series of higher-ranking officers in your organization/company, but it is not understood what prompted you to ignore all of them and approach the CEO directly. Whatever the reason, it is very clear you knowingly or unknowingly broke the system of linear management and invited trouble for yourself. Now, no one else can be held responsible for the same.

It is possible that your CEO might not have liked this, and it may be his decision only, for which you are blaming others. When you have chosen to develop your career in HR, you have to understand the management's philosophy and its expectations too.

Sometimes what is visible is not always correct, and you should examine the whole episode and evaluate your decision. No one else can help you. Rather, I would suggest you stop blaming others without any valid reasons. From your mail, at least, I could not find any reason that can be termed as politics against you. My analysis may presently surprise you, but with the passage of time, you will understand it.

Now, coming to your second query, there is no way by which you can take any “disciplinary action” against the management. However, if the terms and conditions of your employment permit you any benefit or claim, you may act accordingly.

Instead of going for a battle with the management, it is rightly suggested by some members that you should search for better opportunities and learn from past experiences.

Regards,
Pkjain

As everyone has mentioned, it is practically wise to find another job. However, from a legal standpoint, no employee can be terminated without valid reasons. Moreover, termination can only occur after conducting a domestic inquiry and establishing guilt.

Legal Considerations for Termination

It is important to note that as someone working in a managerial capacity, you do not fall under the definition of a "Workman" as specified in the Industrial Disputes Act. Therefore, only a workman can seek remedies under the Industrial Disputes Act.

Seeking Recourse and Damages

Your main recourse against your employer would be to seek damages for their unlawful actions. Additionally, it is crucial to understand that a civil court has the authority to order reinstatement, but this is subject to the terms of the contract you have with the employer.

I recommend filing a lawsuit to claim damages and exploring job opportunities in another company.

Thank you to all who shared their valuable time and suggestions. And Varun, no, it's not written anywhere, and it was mentioned by my ED that for a particular issue, I need to contact my CEO. What did I do? I have done nothing from my side; I have only done those things which were instructed by my company's ED.

In that scenario, you should write your complaint to the Executive Director (ED) with a copy marked to the CEO, attaching a copy of your termination letter. If the ED has asked you to approach the CEO, he will certainly help you in retaining your job, as you claim that you have not done anything wrong.

You should take advice from a lawyer to solve your problem. Your company will give one month's notice before termination.

Regards,
SURINDER SINGH
Sr. Exec HR & Personnel

Understanding Termination During Probation

The course of action available to you would depend entirely on your Appointment Letter—specifically with regard to the Period of Probation and/or Notice defined therein.

Specifically, any company has the right of termination—without notice or reason—during the Period of Probation, which is normally 6 months in most Appointment Letters. If that's the case with you, you don't even have any legal grounds to proceed.

The biggest risk of any proceeding against the company is that it may be reflected in your Relieving Letter, and as such, will become a part of your permanent employment record. Unless the rewards of any action are expected to be substantial, you're better off letting the matter go.

Hope this helps.

Regards,
Jayant Tewari
Out-Sourced CFO, Bangalore

First, as others have pointed out, your termination seems legally tenable as you are on a probation period. Secondly, nobody will give you any reason in writing as to why you have been asked to quit. They are not bound to do so. Do not waste your time and energy. Quit and look for a new job.

Regards,
Col. Rathi

Please check your offer letter. In that, you will find the terms and conditions. Look for the point "We can terminate you at any time." If it is not there, then send a formal email to your company CEO and your immediate boss (provide a valid reason for meeting the CEO). Otherwise, you can approach the consumer and human rights court.

In case you find the term "We can terminate you at any time" and you have already signed, please consider looking for a better job.

Thank you.

If the terms of your offer state that you can be fired without assigning any reason, there is not much that any legal option will offer you. In any case, it would hardly pay off in the long run to fight and try to cling to your job in this company. It's a BPO job, and there are plenty of companies. Why would you want to waste any more time and energy in a company that can terminate you at will?

Considerations After Termination

Please don't take any action. You may face some difficulties in finding a job because when recruiters verify your background information, they will find that you have been terminated. It is better to accept your termination and understand the reason for it. Employers have the right to terminate you at any time without giving any notice!

You might be in a probationary period, so a 24-hour notice or a day's salary accordingly has to be given. It's a waste to proceed legally as it will create complications and waste time and money for you! It's also difficult to work in an environment where you have been terminated. I hope and wish you will get a job soon.

Dear Khushbu,

I am terribly sorry to hear about what happened to you. In fact, had there been a good reason for your termination, one would have appreciated it. But oral termination just for meeting with the MD is highly unethical and unprofessional. However, you would appreciate that most companies in India believe in such types of management practices. There are only a handful of good companies in India where management is open and encourages employees to meet the MD without any fear. I remember one of the incidents told long back by one of the gentlemen belonging to our fraternity, that an employee of his company was terminated because he was found making finger marks on the dust-coated body of the car of the MD of that company. There are hundreds of such examples where employees have been wrongfully terminated without sufficient and valid grounds. Now let's go back to the queries raised by you:

Approaching the Labour Department

You cannot approach the Labour Department for redressal of your grievance as you don't fall under the definition of a workman under the ID Act. You were working in the capacity of Assistant Manager and must have been handling managerial activities; hence, this possibility is ruled out.

Filing a Civil Case

You may file a civil case, but the verdict will take a long time to come, and by the time the verdict comes (may or may not be in your favor), you will lose the importance of the verdict. Secondly, and most importantly, if your future employers come to know by any chance that you are fighting a legal suit against your previous employer, it will create a very bad impression in their minds, and I think the situation will once again turn against you. In many companies, the HR Department gives a Job Application Form before interviews, where there is a column in which one has to state whether he/she has ever been convicted or has any case pending before any court. If you conceal this fact and later on when your employer comes to know about it, they will take suitable disciplinary action against you for concealing the same as you also sign the document (Job Application Form) and acknowledge that the information furnished by me is correct to the best of my knowledge. DK has rightly suggested that you give up the idea of confronting the company.

The Reality of Legal Battles

In the biblical battle between David and Goliath, David might have won, but in real life, Goliaths usually win. Your former company can also frame any goddamn charges against you and bring forward hundreds of pieces of evidence and witnesses to prove the charges. It may be difficult for you to defend yourself. Apart from this, fighting a legal suit will also cost a few thousand bucks and your valuable time. Let bygones be bygones and march forward head high...

I suggest you start looking for a job, and I am sure with your knowledge, skill, and experience, you shall be able to get a good job.

All the best. In case of doubt, please feel free to speak to me.

Regards,
Rakesh Pd Srivastav

You contacted your CEO directly when your immediate superior was not there; that is not an offense. But I want to clarify one thing: for what reason did you contact him? Is it regarding something that could create some problem for your top management or conflicts between them? Why all of a sudden has your management taken a harsh decision, to the extent of termination? I think no one can terminate you without the CEO's prior intimation or at least post-intimation if you are working in a Small/Medium-level company.

When it comes to big companies, as some professionals have said earlier, politics will occur everywhere. It's a waste of time to go legally to sort out this issue unless you are financially sound.

Regards,
Shweta.

There is nothing wrong in approaching the CEO of the company. However, first of all, you should try to find the problem and the solution through the right medium. If your boss is the problem, go to his boss, and approaching the CEO should be the last option.

Since the management has decided to terminate you, please have a candid discussion with the management or ask for a second chance. As a last resort, you may approach the labor court for justice. It's not easy either.

It appears that your company has terminated you without any notice or reason, treating you as if you were just a casual worker. I believe this may not be the sole reason for you directly approaching the CEO. There could be other underlying reasons, possibly related to any shortcomings on your part as an Assistant Manager - HR. Considering your role, responsible for advocating on behalf of others in such situations, how would you address such unjust causes if you cannot challenge them for your own case? My advice would be to start looking for another job, but do not let your previous company get away with such baseless justifications.

Regards,
Mamta.

I suggest you try to find a better job. I am also a victim of company politics. I worked for three years in a private company and was the best performer. I had given a lot of suggestions and ideas for the company to grow.

However, I won't blame the CEO. He is a talented individual and the only intelligent person in that company. I really pity him. Things worsened when he assigned a Chief Marketing Officer to handle everything and reduce his burden. This CMO was new and was looking for a reason to prove himself. I was performing the best, and he realized it would affect his status as he was not doing much.

One day, I made a mistake that was not serious. He seized the opportunity and terminated me on the spot, falsely claiming that I committed a serious offense that could lead to legal action. He even withheld my salary for that month.

Later, I emailed the CEO with a detailed explanation of the incident. He responded with an apology and instructed the managers to release my withheld salary.

Nevertheless, I am grateful as it motivated me to find a better job with a more positive work environment and colleagues. I am currently employed in a company with a position superior to my previous one. I have also received several other job offers.

Therefore, I thank the CMO for terminating me abruptly; otherwise, I might have wasted my career with incompetent individuals.

I also discovered they do not have PF and ESI accounts despite deducting from my pay for years.

Anyway, thanks to that individual! 

Legal Action Advice

You can initiate legal action against the company as per your contract or standing orders. Don't worry and go ahead.

Regards,
Mudassar Shaikh
MBA MPM D.L.L. & L.W

Termination Concerns and Procedures

Ask your concern manager about the feasible reason for termination. This is not a valid reason to terminate any employee from any organization. Review your appointment letter regarding the termination policy and procedure.

If the termination policy and procedure are not mentioned in your appointment letter, then inquire with your manager about:
- Termination Policy and Procedure
- Grievance Handling Procedure

Thanks,

Regards,
Udit
HR Executive
WITS TECHNOLOGIES

The Illusion of Corporate Ethics

With changing times and a changing world, the word "Ethics" is only found in dictionaries and organizations' websites/profiles. The CEO, when addressing the employees, would say that he/she believes in an "open-door policy" and you can "contact him/her" anytime. These are all "corporate gimmicks." Trying to fight this corporate nexus will not find any success as they are all part of the bigger web of unethical and corrupt management practices that include the said CEO.

These days, neither an employee is loyal to his/her employer nor the employer is loyal to their employees. Everything revolves around "money" and not around "ethics" or "honesty." The biggest problem the world is facing now is that we do not have "Leaders," we only have "managers."

So my sincere advice from my 20 years of experience ranging from the bottom end of the org chart to senior management roles is that, since it is only 2 months of your job, just forget those 2 months and start anew.

I am not in favor of finding a new job instead of fighting with the company. This type of practice makes employers engage in illegal activities, as seen in your case. You have to stand up to your employer to teach them a lesson.

Suggested Course of Action

Let me suggest a simple way. Firstly, consider the nature of the duties assigned to you. If your duties fall under the definition of a workman, then you should approach the labor department with a complaint or directly go to the labor court. For further clarification, feel free to email me at the address provided below.

Regards,
Sandeep Kumar
Advocate
Email: [Email Removed For Privacy Reasons]

I have gone through your query, and here are my comments.

Probation Period and Termination

Assuming you have a Probation Period of 3/6 months as per your Employment Agreement (which almost every company has)—during the time of termination, you were not on their permanent payrolls, which means your employment was not confirmed. So, your employer has every right to terminate any employee in his/her Probation Period without citing any reason. (This is the most commonly used term of the Probation.) Even if you ask them for any reason behind your termination, the obvious reply would be "Not meeting the Requirement or Below par Performance." So, you can't do anything about it, except asking for the Service and Employment Certificates.

No Probation Period Scenario

Assuming you did NOT have any Probation Period (as per your Employment Agreement)—which in turn means you are on active payrolls (Confirmed Employee) from day one of your joining. In such a case, from the employer's perspective, they have the right to terminate you (with immediate effect) only on the disciplinary and policy violation grounds. In all other scenarios, you would either need to serve the notice period completely, or your employer needs to pay you for the leftover notice period if they ask you to leave without serving the notice period. In the case of termination with immediate effect, the employee has the right to ask the Employer to give the reason(s) with substantial evidence of the alleged non-disciplinary action/policy violation. The termination is valid only if the employer has evidence of all such actions (provided the policies are already existing and shared with all employees).

I hope this will help you!

Thanks & Regards,

Kishore Mavuri

[Phone Number Removed For Privacy Reasons]

In my opinion, a notice period is required for any organization. If they want to terminate you, they have to give you a reason and also a notice period. If they don't provide you with any reason, you can consult a corporate lawyer. However, you should choose a lawyer who is well-known to you.

With Best Regards,

Viral Gajjar

Hey Khushbu, chill yaar! Don't waste your time on "faltu" theories. See, we don't know why you approached the CEO of the company without following the system of approach. Sometimes people forget the system when they receive support from senior management, and that's when problems start.

Going to the CEO without consulting your reporting manager was totally wrong; this action is the sole reason for your termination.

Now, don't waste your time. Take this as a learning experience and explore other options. I may be harsh in my words, but it's the truth.

Chill,
HR

Job Security and Legal Rights

As per the law, you are not liable to inquire about your job security if you have not completed 6 months of service in that organization. At this juncture, there is no provision to contest this.

Regards, Tirupathi Reddi

Politics in the Workplace

Politics is everywhere and in every company. I can only suggest that you find a job somewhere else, but don't mention anywhere that you have been terminated.

Regards,
Shalaka
HR Manager

Along with other members, I share your anguish on the unfair treatment meted out to you. Such instances are aplenty, and most often it is the HR who has to do or is asked to do this sordid task. In fact, most of the time, such terminations are not only unfair but illegal too. However, as pointed out, it's a war between David and Goliath, and the latter invariably wins in such cases.

In your case, however, it seems no legal infractions are involved as you were in probation. However, what is a matter of concern is the manner in which it was carried out. Apart from it being a swift, ruthless action based on a flimsy reason, it deprived you, most importantly, of the time you could have utilized in searching for a suitable job enabling the continuity of your employment.

Many want to know the exact turn of events that caused it. Do respond back to let us know what exactly happened. It happens that senior people are shy of breaking the bad news. At times, young inexperienced subordinates are made the scapegoat. Is it what happened in your case? Why were you asked to communicate directly with the CEO? Although it's not an illegal act, it is surely highly unconventional that a probationer has to deal with the CEO. Were you set up as the fall-guy?

Also, do respond to let us know if you find these suggestions helpful.

Warm regards.

I am truly sorry that you feel cheated, but you must take action against this. As Tam from HR mentioned in response to your query, you should consult a corporate lawyer to proceed legally. Make sure to provide them with your appointment letter and approval of the joining.

Regards,
JUNED SHAIKH

Please be practical. Assuming the member gets a very good job and files and wins the case against the company, what will the member achieve? Will the member be willing to join the company in such circumstances? The member will not only be wasting time and energy but also will lose financially.

Consider the Situation Carefully

I am still not clear why the management would take a decision to remove an employee just for meeting the CEO. There must have been some reason for you meeting the CEO directly that would have resulted in the action of the management. Kindly consider the situation at hand before you jump to a conclusion. Many times we consider only our side of the story, feel sorry for ourselves, and do not take a close look at the events that have translated into the current situation.

Regards,
Preetam Deshpande

You can go directly to the district labor office and submit a written complaint detailing what occurred. They will then schedule a meeting with both parties for conciliation. I believe this action should be sufficient to secure compensation for you.

If you need any further assistance, please let me know.

Regards,
Manikandan
[Email Removed For Privacy Reasons]

In my opinion, Khushbu, you should see the CEO once again and seek assistance from him. If, in any case, this doesn't work out, then seek legal help. Ensure that this situation does not harm your personal interests or your character within the organization. Wishing you good luck.

Dear Khushbu Awasthi, the only thing that troubles me is that you were employed in the HR department and yet you did not go through the employment policies of your company.

Probationary Period and Employment Terms

Dear Friend, your term of employment was only two months, which in simple words means you were on probation. Your service was not yet confirmed; therefore, as per your terms of appointment, you are liable to be fired without any notice, and you have no standing point in the court of law.

Building Reputation in an Organization

Secondly, you were running too fast. In any organization, you have to wait and establish your reputation before you try to manipulate your seniors.

Hope you understand what I have said in the above lines.

All conditions are well read by me before I make a comment. In our so-called corporate society sector, making decisions individually about what is right and wrong is a challenging affair. This is especially true when you consider the confidence and trust within yourself and others who have guided you on the aforementioned matter.

Therefore, it is essential to learn from mistakes and take corrective actions to be implemented in the future to avoid the recurrence of the same. It is evident that you possess the fighting ability, as I understand from your situation, but you lack solid backup to succeed since you are alone in building the strength of those who have guided you in this aspect. This approach is impractical given your current circumstances. Do you agree?

I understand that what the company did to you may be hurtful, but you seem to have no other option. Without any support within the company, how can you fight without any legal or personal strength? Think and act accordingly for future predicaments.

I wish you all the best for your future career.

My understanding is that "Management has the right to manage" and does not have to provide reasons for terminating employment. There is no law that demands that a company provide a reason for terminating employment. Employees are also not under any obligation to give reasons for leaving a job.

Any action instituted against the company will amount to efforts in futility.

Dear Khushbu,

You can approach the labor department and lodge a formal complaint as you were terminated without any reason. Meet the Commissioner of Labor and discuss the issue.

Regards,
Murali

Can you please let me know why you approached the CEO by breaking the organizational hierarchy? Have you complained about somebody to the CEO or said anything to the CEO? Is it a big company or a small company? Have they given you the relieving letter? If it is a small company of 500-600 people, then don't expect any justice. They can give you any reason, which may include teasing or molesting a female employee or passing verbal abuses. For that, they will also have people testify against you falsely. In big companies, everybody is given a fair chance to prove their innocence. Not sure why it happened with you. For filing a legal litigation, you need to have many pieces of evidence. Also, you can't fight with the company. Please accept this truth and don't waste your time and money.

Ok, my friend. It's another example of cheating by your colleagues, like all other private and government establishments. As per the labor act, you can proceed to file a complaint with the local Labor Department. They will issue a notice to both parties.

Moreover, the reality is, who cares? One company left you; there are thousands of private jobs out there. All the best...