Navigating Unjust Termination During Notice Period: How Would You Handle This Situation?

One of my friends submitted their resignation via email and was in a notice period of 3 months. Upon resignation, they requested to be relieved after 1.5 months and were willing to pay in lieu of notice. However, they were not provided with a final date and were only given verbal promises of certain dates, which kept changing. Finally, after serving more than 2 months of notice, they escalated the situation via email to higher-ups, requesting a final relieving date by the following week and explaining their circumstances.

Unfortunately, their boss did not appreciate the escalation and fabricated a story that the friend had verbally abused them. Consequently, they were issued a termination letter on the same day, accusing them of gross misconduct and verbal abuse without any prior written warnings of such behavior. Feeling unjustly treated, my friend did not accept the termination letter and left the organization unsure of the next steps.

Could anyone suggest the proper procedure to handle such a situation? I look forward to your replies.

Please let the forum know whether the resignation was accepted or not. Termination after resignation acceptance does not carry any value, but that does not mean that the employee has full rights for any misconduct. Misconduct during the notice period can be addressed through an advisory note or warning letter, but not to the extent of termination without proper inquiry.

It is advisable to meet the HR Head or the top management and sort the matter out amicably, and exit on a happy note with proper handovers and proper relieving.

Also, the manager and local HR raised this allegation in response to his escalation email, which requested a final date confirmation. This email was sent to both of them and the HR director. After a few hours, he was confronted with a termination notice and asked to leave the office.

Since your friend has a copy of the resignation acceptance, the termination letter does not carry any value. Ask your friend to join the new company without any fear. The previous company cannot do any harm to your friend.

I would disagree. It is important to have a clean exit. The next employer will ask for it. Simple acceptance of resignation is not enough. If there is a grievance committee, take up the matter with them. If there is no grievance committee, get in touch with the senior you escalated the matter to and inform him of the issue. In most companies, you will get a fair hearing from them. If it does not work, and if you have the time and energy, you can seek the help of a labor officer to obtain a clean relieving letter as it is evident that a proper inquiry was not conducted and the principle of natural justice was not fulfilled. But this process requires time. Ensure your new job does not suffer because of it.

Only accepting the resignation does not resolve the issue. You must also obtain a relieving letter. Without a relieving letter and a proper experience certificate, even your new employer may not allow you to join.

Approach to Resolve the Issue

The best approach is to speak with the seniors with whom you have discussed via email. Explain the situation to them. I am confident that you will receive the relieving letter and experience certificate.

Addressing Accusations

If your boss is accusing you of abusing him, ask if he has any witnesses to support his claim.

Consideration of Legal Action

The labor court process can be very lengthy; in this situation, it may not be advisable.

Thanks and best of luck.

Regards,
Deepak M.

Importance of a Clean Exit

I would disagree. It is important to have a clean exit. The next employer will ask for it. A simple acceptance of resignation is not enough.

Steps to Take When Facing Unjust Termination

If there is a grievance committee, take up the matter with them. If there is no grievance committee, get in touch with the senior you escalated the matter to and inform them of the issue. In most companies, you will get a fair hearing from them. If it does not work, and if you have the time and energy, you can seek the help of a labor officer to obtain a clean relieving letter, as it is evident that a proper inquiry was not conducted and the principle of natural justice was not fulfilled. But this process requires time. Ensure your new job does not suffer because of it.

Understanding Termination and Resignation

As per the query, there was no grievance committee, no inquiry conducted, no advisory memo given, no warning letter issued, and the individual was straight away terminated with a clause of misconduct. To the best of my knowledge, a termination letter itself is relieving from the job.

Now, in these circumstances, do we still wait to approach anyone for justice? Even if we go legal, does the new employer cooperate? That is the reason it was advised to approach the new employer with the resignation acceptance, as the termination after accepting the resignation does not hold any value.

Understanding the Impact of a Termination Letter

The problem is that most employers and HR departments will take a negative view of a termination letter, irrespective of whether you have resigned before. Yes, you can explain. But in many cases, you do not get a chance to explain. So if there is any way to get a clean relieving letter, it would be worth exploring (without affecting current work).

I would suggest that your friend should at least try to make his stand and clear the taint on him. Ideally, he should make a formal complaint directly to the Labour Commissioner at Karmikra Bhawan, Bangalore, and show the department that this company is deeply involved in unfair employment practices. It is crucial that action be taken against the management of the company after an investigation by the department.

Keep in mind that if your new company conducts verification, I am sure this company is not going to provide a good report about you. This issue may damage your future more than you realize at the moment. Feel free to contact me if you need further professional assistance in interacting with the Labour Department.

Regards,