Issued a Confirmation Letter Too Early: What Are the Consequences and Next Steps?

By mistake, I issued an employee confirmation letter before the due date. I know it's a big mistake, but the letter has been issued and accepted by the employee. I would like to know what will happen if a confirmation letter is issued before the due date in an organization. Please help me out.

Communication Regarding Premature Confirmation Letter

Dear [Recipient's Name],

You joined M/S [Company Name] on [Joining Date], and your probation period ends on [Probation End Date]. As per the company's policy and terms of appointment, you will be assessed for your performance, and if your performance is found satisfactory, you may be confirmed.

However, inadvertently, a mistake has taken place, and you have been issued a confirmation letter dated [Confirmation Letter Date].

Since this letter is premature and a result of human error, it stands withdrawn, and any effect of it is null and void.

We regret the inconvenience.

Yours sincerely,

PS: Please check the company's policy for probation and confirmation and accordingly modify the letter.

The discussion revolves around legal provisions. If I were in this situation, I would consider the confirmation points. If the employee satisfies all the points, I will discuss with the superior of that employee and rectify the earlier confirmation issued by mistake. However, I will make sure to call that employee and explain that the letter was issued in error. Nevertheless, management stands by that letter and expects the employee to perform at their best. I will address the employee in this manner rather than making them feel that an opportunity has been taken away from them.

Regards,
Vibhakar Ramtirthkar.

Any confirmation of employment is done only after receiving the employee's performance evaluation and recommendation from their immediate supervisor or head of department. If this process is completed, then I do not think it is a mistake from the HR Department; rather, I would say that the employee will be more motivated to deliver their best performance. Pre-confirmation before the original date should not be considered a significant issue if the employee adds value to the company.

Thanks & Regards,
Vijayan K

You have issued the confirmation letter, but does the date of confirmation correspond to the actual date that the employee would have been confirmed or an earlier date? As suggested by fellow members, the "mistake" of yours may be a blessing in disguise for the company as well as the employee, as he would be motivated to work harder considering that the company acknowledges the performance.

Regards,
Preetam Deshpande

Understanding Employee Confirmation Dates

What is the actual date of confirmation? If there is a few days of difference, you need not worry about it. The company has the right to confirm any employee even before the date of confirmation. It is a mistake that has to be admitted. However, you may inform the management concerned and keep the letter alive. Instead of taking it and informing the employee, I suggest informing the management and proceeding as you are already planning to confirm him.

I have gone through the comments of various members on the mentioned subject. There are two views expressed by the members: (i) the letter should be taken back, mentioning that it was issued by mistake, and (ii) he should be allowed to take advantage of the management's mistake. If you ask for my frank opinion, I shall support the latter part of the views.

The employee who has received the letter must have disclosed it to other employees of the company as well as his friends and relatives. If the letter is taken back or rescinded by a fresh order of the company, it will be embarrassing for both the employee and the company. It will become a laughing stock among the people if you resort to the action of canceling the letter. The concerned employee shall be demoralized and lose interest in his work, potentially becoming a liability instead of an asset to the company.

I support the view expressed by Sh. Vijayan K that the employee should be allowed to take advantage of the mistake committed by the company, which will result in motivating the employee to give his one hundred percent performance. The only part to be observed is to assess his performance, which should be slightly higher compared to his counterparts, and the proposed probation period should not be too long.

Regards,
BS Kalsi
Member since Aug 2011

Hi all, from tip to toe, I agree with Salsi. I will also support the employee to be confirmed before the due date as it will add more interest in his work.

Regards,
Shelomi

Doesn't the confirmation letter mention the "effective date of confirmation" as the actual due date? If it does, then it is fine to keep the letter with him, as the company still has the right to void the confirmation until the due date. If matters do not come to that requirement, then at least you make the employee happy.

If you have put the "effective date of confirmation" incorrectly while issuing the letter, or it is not mentioned in the letter, then it would be better to either make the decision to keep the confirmation valid from the date of issuance of the letter, OR to take the letter back.

Regards,
Amod.

It appears the discussion is going off on a tangent and is focused on one point: how a mistake committed by HR can keep an employee happy and generate more productivity, which is not what the queriest sought to know. Does it mean that HR can commit mistakes that can keep employees happy? The queriest's limited purpose is to understand how to rectify a mistake committed in an administrative action. He just wants to know whether mistakes committed inadvertently or honestly can be rectified and the position can be restored to its original status. That's all he wants to know from this forum. The objective is not to demotivate an employee or to deny confirmation when it becomes due to him as per the policy. His concern is to follow the policy and not to breach the policy unknowingly. His concern is that no other employee under probation cites this as precedent and makes demands for early confirmation. His concern is to avoid allegations of bias from other probationers. He can sufficiently explain the position to the employee, make him understand, address any anxiety in the employee about his confirmation, and sustain his motivation. This apart, there are more authentic ways than by committing employee-beneficial mistakes to motivate employees to be more productive.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai

Though the letter format provided by B. Saikumar was politically correct, I don't totally agree with the views expressed in his later response.

Not every mistake has to be penalized. However, once a mistake is made, it can never be restored to its original position without any disturbance in the original plan. The enquirer is aware of the mistake and is surely not in a position to withdraw or continue with the confirmation letter by themselves. Generally, the confirmation letter is prepared but not signed by HR; it is done by the management. Therefore, even to issue an apology letter and to retract the confirmation letter would be a management decision.

The discussions in the forum above provide different views about the options available, which would definitely be considered by the management in this case before reaching a decision. The forum is just a medium to make the enquirer aware of these viable approaches.

I have seen companies confirming employees before due dates if the scenario demands it. There is nothing wrong if management wants to continue with this mistake. Even though HR may have to provide some justifications to the management (not to the employee), indicating acceptance of the mistake.

Best Regards,
Amod.

I respect your views. I have not provided the draft but only suggested an addition to the draft provided by another learned member. However, I read the post of the querier again in light of your above reply. I observe that he did not ask how to withdraw the confirmation letter but sought to know what would happen if the confirmation letter was issued prematurely. I regret having been carried away by that impression. Therefore, the solutions suggested by all the members are valid in their own right. It is for the querier to follow the one that suits him. Thanks for the response.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Mistakes are bound to happen in workplaces. Do not worry. Issue another communication indicating that the confirmation order was inadvertently issued and the same is not to be considered. Get it duly received with the date by the concerned employee and keep it in records.