Can I Reverse My Dismissal After Pursuing Further Education? Seeking Advice on Possible Grounds

My Case:

In 200x, I got admission to Xxxxxxx Institute of Management. Based on the admission letter, I was given 'Leave Without Pay' considering my consistent performance at XXX (Co. name). This support was positive, and I always considered rejoining XXX Co.

In 201x, when I heard seats were increased in IIMs, I pursued and successfully gained admission to the Indian Institute of Management - X, one of the premier institutes. As a result, my total study period extended to 3 years.

On the due date (20 July 201x) for rejoining XXX Co., letters were sent to my home. As I was pursuing my PGDBM at IIM X (attached degree certificate as proof), I could not come down to Chennai to initiate my resignation or report back.

As per XXX Co. policy, they dismissed me. While I was pursuing my education at Xxxxxxx (Instt.), I sent a letter (through my father) requesting an extension of my leave without pay, but it was denied. I was ignorant of the need to send an email to initiate my resignation process.

Even after completing my post-graduation from a premier institute, I am finding it difficult to get a job because dismissed employees are not encouraged anywhere. My career is in jeopardy.

Now I understand the value of being responsive the hard way; it is only due to my academic pressure and ignorance that this error occurred.

I request you to please help reverse my dismissal on humanitarian grounds, Sir.

I wanted to know whether a reversal of dismissal is a possibility. If possible, on what grounds?

[Moderator's note: Post has been edited for brevity; and names have been changed to protect the identity of the person, institute, and company]

It may not be a dismissal; it might be a simple termination. From XXX's side, they have sent you communication about your rejoining on the date of expiry of your study leave. Having not heard from you, they must have terminated your services. A simple termination will not be a stigma for re-employment technically. You have two options left, in my view.

1) Approach XXX and plead with them to condone a lapse in procedural compliance and pray for treating it as a case of resignation, having regard to your long career ahead. You need to strike a communication with XXX.

2) Explain and convince a prospective employer about the circumstances that led to the termination and that it is not due to any performance-related or conduct-related issues but is the result of non-communication.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Impact of Termination on Job Prospects

For someone with an IIM degree, no employer will bother with the fact that you were terminated for not rejoining at a time when you were halfway through your education. What makes you think this is going to affect your job prospects?

Regards

Approach to Rejoining XXX Company

If you want to join XXX itself, consider going there and talking to the HR Manager directly. Try to convince them with the situations you were facing during the leave and the reasons for not joining back, and apologize. If they are okay, you can re-apply. If they don't agree, make sure you get the details of the termination in hard copy so that you can furnish it and prove your innocence in other companies.

Else, as my fellow member said, being an IIM Degree holder, you will not find it difficult as you had a valid reason for not being able to rejoin them. Explore other opportunities. Best wishes.

Regards

Thank you, sir. I have communicated the same, but neither of them is considerate enough because they believe company policy is above all, and I respect it. I am only pleading with them. Currently, I have a campus placement with a bank (Nth largest private bank), but they are very strict and asking me to resign from the job. I have explained the situation to them, and I have also arranged for them to speak with [Name Redacted] HR. On what grounds can I plead with them? How can I save my job?

HR Approach for Study Leave Extension

When you got admission to IIM, you should have requested XXX for a study leave extension. Pursuing a degree from IIM is very important for you, and at the same time, for XXX, it could be a commitment to their customer(s).

Possible HR Approaches at XXX

1. Get you on the job ASAP.
2. Grant you unconditional study leave for some more period.
3. Terminate you and hire another resource (as you know, most knowledge companies run on PEOPLE POWER).

My suggestion is to just forget it and concentrate on your next job. Who has given you this idea: "Even after completing my post-graduation from a premier institute, I am finding it difficult to get a job because dismissed employees are not encouraged anywhere." Continue your search, and very soon you can find a suitable job.

If you don't mind, share your latest resume and CTC here. Also, mention what sort of profile you are looking at now.

Regards

Thank you, Sir/Ma'am, Currently, I have a campus placement with a bank (xth largest private bank), but they are very strict and asking me to resign from the job. I have communicated the same to XXX and my current employer, but neither of them is considerate enough because they believe company policy is above all, and I respect it. I am only pleading with them. I have explained the situation to them, and I have also arranged for them to speak with XXX HR. On what grounds can I plead with them? How can I save my job?

Even after talking to your HR, if they are on the same grounds asking you to resign, then there is no other option, is what I feel. Any management will follow their company rules first. If their policy doesn't allow them to hire a candidate who was terminated from a previous company, regardless of the reasons, then there will be no point in pleading or convincing them as they will not change.

Try looking for other opportunities as well. Before you join any company, make sure you inform them of the facts to avoid such circumstances.

You are a proven professional; your hard work will definitely lead you to success.

I appreciate everyone who has replied to my query. Can anyone suggest how I can save my current job with my current employer? I have been honest enough to share all the information, yet I am facing this issue. Is there any value for honesty in this society anymore?

You need to confirm the reason with your current employer. If you have any written communications from XXX, do share them with them. Otherwise, you can ask the current company to conduct a reference check on you.

Can I ask my previous employer (who has dismissed me based on not reporting back from sabbatical) to reverse my dismissal based on the reasons below?

Reasons for Reversal Request

1. Requesting to condone/forgive my actions as a lapse in procedural compliance and pray for treating it as a case of resignation, considering my long career ahead. (Given my Sai Sir)

2. Whether the employee's disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience.

Can anyone provide some additional legal reasons?

Regards

Understanding Company Requests for Resignation

Why would a company ask you to resign due to your termination from a previous job three years ago, especially considering you have since obtained two additional degrees? Did you withhold any information when you started this job?

Regards

The HR informed me that "the bank's policy states that employees with a history of dismissal cannot be hired." I have not concealed any facts.

Requesting Written Proof from HR

Manage to request a written proof from XXX, stating the HR of XXX, the actual cause that your current employer has told you to resign and how it's affecting your career. Have a face-to-face and polite conversation with the HR to obtain a written proof from them. It now depends on how you convince them. If your relationship was good with XXX as an employee, they will definitely provide you with proof on the grounds of termination, not dismissal.

I think that joining one institute and then jumping to another without informing your employer was an immature thing to do. The next best thing to do will be to use all the knowledge and skills you gained at IIM to either convince XXX or Your Bank. If you can't do either of these, then, my friend, find another job without hiding any facts.

After going through your complete case and all the responses, the very first thing I would like to say is that you must not take any action in bewilderment or rush without considering the situation. Also, you must not be careless with the things in life, as you did here.

Please Share Your Appointment Letter Provided by Your Present Employer

See, it doesn't matter what company policy they have or not; the terms defined under an appointment letter can definitely help you. Your appointment letter with your present employer is really important because both the employers are talking about "Company Policies." Therefore, I would like to know what terms of employment are used in it in this regard. Also, I would like to know if there is any clause in the appointment letter that treats it as a violation of company rules, and you can be terminated if found in this kind of situation or previous dismissal. If yes, it could be a problem for you. Although I accept that company policies are above all, they cannot so easily deny or overrule the terms defined in your employment letter (Present Employer).

In addition, I request you to clarify the following points:

- You got admission to Barathidasan Institute of Management in 2009 and took leave for your studies, so it means you were working with XXX at that time and were allowed to continue your study and join them back until 20 July 2011?
- You were granted "Leave Without Pay" on a mutual request/understanding or had any written permission from XXX?
- Please share if you have documentation in this regard and also your offer/appointment letter with XXX.
- You informed them that you were not able to join them back, which is accepted, but have you ever resigned? (I guess you never resigned because you were busy with your studies and later realized when you found the dismissal letter and started looking for a solution.)
- And, if you resigned, do you have any correspondence with them in this regard?
- You said that XXX declined your request to grant you more "Leave Without Pay." Do you have any correspondence in this regard? If yes, please share.

And

- When did you join your present employer?
- When, what, how, and why did you disclose your previous dismissal to them?
- What exactly are your present HR people saying, and what is the current development in this case?

If you still have not resigned from your current position, I suggest you please do not do so and let them take the action whatever they want.

Your Mistakes:

- Your biggest mistake was that you were unprofessional and too honest. (Yes, there is still value in honesty and sincerity in our society, but one must not forget that our society, where we are living, is a developing world where things, culture, perception, ideology, and everything are undergoing many changes. One needs to be more professional and wise with every action in this regard.)
- Second, you allowed both employers to talk to each other, which was another big mistake that you were not supposed to do.

Please furnish the details. Also, I request you to please compile all these details and your case as a "Case Study" in a Word format that will certainly help you and others with many things in the future.

Regards

Thank you for your response. You were right in what you have mentioned. I accept my mistake, but what I need to know is whether a dismissal can be reversed, and on what grounds?

I have no issues sharing a few more documents. Can I do that in private? Please share your email address and a brief description of who you are and what you do.

I apologize for asking this, but as this is an open forum, please understand.

Regards

I just wanted to bring in some words of caution here:

- Some suggest that being from a premier institute means you can just forget about issues and a company will take you. Sorry, it doesn't work that way. I may be from Harvard, but if I am a Harvard-educated fraud and found out, no one will touch me even with a BIG pole!

- The essence of your case is that you did not join back your employer on an agreed date, nor did you ask them for an extension. Logically, they would start abandonment and dismissal proceedings. However, generally, there are warnings given beforehand. Were they given? If not, you may have some points to tell them to gracefully consider.

- Your employment record with XXX is in your admission records with various institutes and in your biodata, which you submitted to your present employer. You cannot just wipe it off and forget it. The record of how you left or were dismissed will remain with XXX unless a senior-level action takes it off.

- Getting involved in legalese will, in my humble opinion, not get you anywhere since the fault is with you. The only recourse you may have is to get HR on your side and then, via them, approach someone who is high up the ladder there to get your dismissal converted into a resignation. A parallel similar action could be with your present employer. If both of these do not work to the point you are told to leave, that would, perhaps, be the point to get into stronger legal options.

I am just curious here... was there a bond with XXX? Why could you not just serve them a notice and/or give Notice Pay in lieu of if demanded and close the case properly, in time?

You are between a rock and a hard place, my friend! Hope everything turns out well for you.

There were warnings sent to my home when I was in Lucknow. XXX has acted according to procedure, and I am doing the same. I am requesting both companies' HR departments to consider my case on humanitarian grounds. I don't have any bond with XXX.

Question: Can a Company Reverse a Dismissal?

My question is, "Can a company reverse a dismissal? If possible, on what grounds?"

Regards.

XXX is a SAP system-driven HR system. How can they help me? Being a bigger organization, a company's ego also comes into play. Currently, they are just providing a letter stating the reason for dismissal as "a procedure we follow here at XXX, and there are no conduct issues." Will that work with the private bank?

I still find it strange that despite completing your degree at IIMx, you are having difficulty securing a job and are eager to rejoin XXX. Convincing new employers that your "dismissal" was not due to any fraud or felony would be much easier than persuading XXX to revoke your "dismissal." In any case, you can secure an entry-level job, and your pre-degree dismissal on technical grounds would not concern many. Are you sure that you are not getting a job because of this technical "dismissal," or could the problem lie elsewhere?

Appreciate your message. I am yet to deep dive into job hunting but have tried a few companies, and it is difficult to convert when I am moving from the current job within 6 months and with my history of dismissal. Trust me, IIM degrees are generic these days with 450 people passing out of each IIM. With great difficulty, I got to my present job in a bank.

Job Application Strategies in a Competitive Market

Do suggest to me how to apply for jobs in this competitive world with 18,000 MBAs passing out each year? I am trying via Naukri, IIMjobs.com, and through referrals by friends.

Thanks and regards,
Xxxx Xxxxxx

Please make sure that you communicate with your company frequently. You need not worry about this; gain some experience and go for it. Moreover, you have completed your education from IIM, which is a great advantage for you. If you feel like joining XXX, then talk with HR and come to a solution. Don't spend too much time thinking of losing. Try something new and better. When you keep doing this, it affects your self-confidence 

God Bless

Regards,
Soumya

I think your case has very limited options, and I believe your evaluation of potential damage was a little off the mark. Will XXX support you? There is little incentive to support you at this stage.

- Have you been in touch with your supervisor during your stay in IIM?
- Has anyone from your team been in touch with you?
- Did you connect with them stating that you would like to rejoin XXX once the course was over?
- Do you have any references from XXX to help you work around this case?

These factors might help you reach the circle of influence of the HR, though it cannot be decisive.

My gut feeling is that you need to let this go and look for another job. I don't think IIMx would help you as well. With the firm diktat from the HR of the Bank, I doubt you will ever enter that organization because they are probably making an example out of you! So, start looking elsewhere (maybe off-campus if your Placement Office isn’t prepared to consider your candidature right now).

Unfortunately, this is hard to shove off from where you are right now. The more you stir it, the larger it's gonna get! So, I would suggest that you try for some contract positions rather than some corporate positions. As an MBA, you should be like water, able to flow around rocks. Think of your strengths and options. That might help you.

Regards,
Nikhil

Thank you, everyone, for giving me suggestions and support. Being an XXXX company (known for its values), XXX is kind enough to accept my request and has changed the status from "Dismissal" to "Stopped attending service."

Understanding the Term 'Stopped Attending Service'

I am not understanding this terminology. Can someone please explain the term 'Stopped attending service'?

After going through the entire thread, I have understood that whatever XXX could have done on a fair basis, they have, in fact, already done. There were a few shortcomings on your side. I am still wondering why you haven't resigned the moment you got admission to XIM and at least when you got admitted to IIMx. Both are prestigious institutions, and you could have easily transitioned into top organizations directly from these institutes. However, you chose to continue your employment with XXX (they would have happily accepted you if you wanted to rejoin them post the completion of your PGDM).

Secondly, you could have informed your prospective employer about whatever happened before their offer, or you could have simply negated your previous employment details. Sometimes being too honest lands you in trouble, both professionally and personally.

Anyway, the past cannot be rewritten. So, do not worry and persuade your new employer to understand your situation. Whether it was a termination, dismissal, or a proper resignation, the new employer should not have any concerns as long as your employment file with XXX is closed. Companies have such policies because it is illegal, unethical, and non-compliant to work concurrently with two different registered companies, which could lead to legal issues for both companies.

The new tag for your employment with XXX, "Stopped Attending Services," may be worrisome for you now as it indicates that you are still employed with XXX (your employment agreement still holds); however, you have abandoned them, meaning your employment file is still open. The previous tag of 'Dismissal' was more helpful in this regard. Please have a direct conversation with XXX personnel (a face-to-face discussion is very helpful), and perhaps you can seek the assistance of your Manager who approved your Long-Leave (the manager who directly supervised you during your time with XXX).

All the best, and I hope all your problems get sorted out.

Regards,
Kishore Mavuri

Kishore has rightly analyzed your shortcomings in the whole episode, and you could have very well avoided this agony. However, my interpretation of the phrase "stopped attending services" is somewhat different from that of Kishore. It means you have chosen not to attend work at XXX on your own, thus voluntarily abandoning the job. This action is not XXX terminating your services. Therefore, it is free from the stigma of dismissal and termination from XXX's side. Simultaneously, you have brought the relationship to an end on your own terms. It is a win-win situation. Even if they provide you with a relieving letter with this remark, it suggests that you are no longer on the rolls of XXX.

Regards,
B. Saikumar
Mumbai

Thank you, Sai and Kishore, for taking the time to analyze my case and provide your opinion. It is a little comforting. I understood my mistake, albeit late. I am just looking for some relief from this issue.

In the process, I learned that it is important to be persuasive, calm, and confident.

Regards.

I was thinking from a different point of view. When it comes to the HR department of a company, what will they think? If it came to me, I would look at it and say, "Hmm, this guy left without notice and without handover and not relieved." I would automatically reject it unless it's far better than other options, or if there is an overriding reason to consider him for the job. Whether you call it absconding or give it a finer name, I am sure HR looks and knows what's happened. In this particular case, he may be able to explain. But most of the time, the person does not get a chance to explain as HR does screening based on the documents it gets. It rarely asks for any explanation at that stage.

Well, Saswat, that's what I actually mean! At least we HR professionals should become sensitive and progressive to understand such issues, like individual differences and choices.

Apart from the case given here, there are people who, due to certain ideological, emotional issues, personal tragedies, or for growth and development purposes, can leave the organization.

When an employer has the right to hire and fire an employee at their pleasure, don't you think equality and natural justice demand that an employee should have an equal right, without going through all the HR processes and internal self-made procedures?

Also, in a developed world, there are privacy issues involved. I hope you are aware that before embarking on a Background Check, good companies seek written permission from the prospective employee that they have no objection.

If the ex-employer is certifying that the individual "Stopped Attending Services," it should be accepted as a good enough and fair reason without further questions asked. It is time we, the people in HR, should evolve and treat individuals with respect and not as potential ex-convicts.

Warm regards.

Thank you, everyone, for the timely support. The current employer has confirmed my employment owing to the change in status ("Stopped attending service") by XXX, but with a caveat that any future misconduct would be taken seriously without any mercy. They have warned me not to share any information so that no one quotes my case for any future reference. Please don't share any personal information (like the name of the company or my name) with others.

Thanks.