Can a Company Really Fire You After Just 38 Days? Seeking Advice on My Situation

Hi All, This is Rakesh, and it is my story. I joined a company in March 2014. Everything was going fine, but suddenly after one month, my reporting manager told me to resign. On asking the reason, he said it was due to a performance issue.

Can a Company Fire an Employee in Only 38 Days?

Now the question is, can a company fire an employee in only 38 days? Are 38 days enough to measure an employee's performance? Can I take any legal action against the company? Kindly guide, seniors.

Thanks,
Rakesh

Review Your Appointment Letter

If you have received and signed the appointment letter, please check its clauses for separation. Then, go to an experienced labor lawyer and seek their advice.

Preparation Before Consulting a Lawyer

Some other thoughts before you approach the lawyer: Have they given you a goal sheet for the year? Have they provided you with sufficient training? What evidence do you have to prove your productivity in the past 2-3 months? Can the company demonstrate non-performance against your goal sheet?

Engage with HR

If you have an HR department, please raise the issue with them.

Wish you all the best - hope this was helpful to you?

Regards,

I have the signed appointment letter and have checked the same. It says, "During your probationary period, the company may terminate your services without assigning any reason with one month's notice or basic salary." They gave me my job description, even though they handed it to me a week before firing me. No training was provided to me.

In the span of 2-3 months, I only worked there for a month. How can a company measure an employee's performance in just one month, especially when there are 4 weekends and 2 leaves within that time frame?

Let me share one more thing: it was done to an HR. I was working there as an HR.

Thanks.

Defending yourself during the probation period is very difficult. However, you still have the fundamental right to seek clarifications from the competent authorities regarding the details or reasons behind this. At the very least, they should have the decency to provide the basic courtesy of issuing an oral or written warning about what is going to happen.

Apart from that, could you do some soul-searching? Ask yourself what could be the cause, where you might have erred, perhaps a costly error. Do you find yourself incompetent or not capable of executing certain assignments given to you? Did you not adhere to basic disciplines such as reporting on time, maintaining cordial relationships with colleagues, finishing the assigned work within the expected time frame, or indulging in gossiping, etc.?

If you judge yourself blameless, then you can directly request them to take you back by meeting with the concerned party and seeking their pardon as a last chance. However, you are still entitled to one month's notice or pay in lieu thereof.

Thank you.

It happens in many companies that during the probation period, the employer can ask the newly hired employee to leave. However, after the completion of the probation period, no one can ask the employee to leave. I work in the HR Department, and this situation arises sometimes. It should be clearly stated in the offer letter that the company reserves the right to ask for resignation.

Thanks.

Termination During Probation

The appointment letter very clearly states that you can be terminated without assigning a reason during probation. As a general practice, there is no notice during that period either (though yours talks of a month's notice). So, you have no legal grounds to challenge the company.

Evaluation Period

As for evaluation, even a week is enough for an employer to realize that you are unfit for the job or the company. You should ask your reporting supervisor to explain why he thinks you are unqualified or what the performance issues are so that you can ensure they are taken care of when you join the next job.

I do agree with your view that the employee does not have any legal ground to challenge the company, but as a good HR practice, it is the moral responsibility to give a chance for improvement. Without prejudice, the Line Manager must have evaluated the candidate's capabilities much before the hiring. The candidate must be hired after considering his/her capabilities and drawbacks by the Line Manager with regards to coping with the pressure and performance, which is an issue that can be evaluated after being hired. However, giving an opportunity to improve is important.

The question at hand is whether he can take legal action against the company (we agree he can't). We don't have many details about the candidate or the company, such as whether it was a fresh job or for an experienced individual.

No company wants to undergo the recruitment process repeatedly. It is costly and time-consuming. Therefore, I assume that if a line manager terminates a person after a month, the candidate must be truly unsuitable for that particular job, or perhaps they have a negative background check or some other reason. No line manager enjoys suddenly having a vacant position that needs to be filled, along with additional work to complete the tasks.

"I do agree with your view that the employee does not have any legal ground to challenge the company, but as a good HR practice, it is the moral responsibility to give a chance for improvement. Without prejudice, the line manager must have evaluated the candidate's capabilities long before the hiring process. The candidate should have been hired based on the line manager's assessment of their capabilities and drawbacks in relation to handling pressure and performance. This is an issue that can be evaluated after being hired, but providing an opportunity for improvement is crucial."

Termination During Probation Period

During the probation period, an employee can be terminated without prior notice if the employer has concerns about their performance or conduct within the organization. I work at a digital company, and we recently terminated one of our employees after only 45 days of employment, during his probation period. This action was taken due to both non-performance and misconduct towards female employees, which is completely unacceptable.

Regards

I agree with Sh Kumar S that the management should have the decency to alert the employee by issuing an oral or written warning about what is going to happen. They have asked you to resign without assigning any reason, which is professionally unacceptable.

Though there are certain remedies, such as going to various grievances forums, I know the management will insist on their appointment letter carrying the clause that "During your probationary period, the company may terminate your services without assigning any reason with one month's notice or basic salary." It is not wrong to fight for one's fundamental rights, but your case does not qualify for the same, being weak in nature. I agree with my colleague that one should go for "soul searching"; you will get the answer. The difference between fighting and soul searching is that in one place, you try to defend yourself at any cost, whereas in another case, you assess yourself faithfully.

My personal advice to you is that since you have merely put in 38 days with your establishment, there will be no point in fighting. Even if you won the battle, think about whether you would be able to work with them in that environment. What is the guarantee that they will not put you in a greater problem? Thus, look for another job, forget what has happened, and concentrate on your new job.

Wishing you a new start.

Regards,
BS Kalsi
Member since Aug 2011

As most of the colleagues suggested above, you cannot challenge the decision of the management legally, as the clause has been mentioned in your appointment letter clearly that "During your Probationary period the company may terminate your services without assigning any reason with one month notice or basic salary."

Professional Considerations

Professionally, it is not a good practice by the employer to terminate an employee without any prior intimation or warning, but I am sorry to say that you can do nothing about it here. Also, I'll agree with Mr. Kalsi that even if you win the battle, you may end up in more trouble later on. So, it is better you move out with dignity. I am sure much better opportunities await you.

You may put forward your point of view in your exit interview, if you have one.

All the best!

Agree with the fact that at times even a week is enough to realize that one is unfit for the job, but that is something that happens rarely. Moreover, if a company does so frequently or in most of their hirings, then they need to improve their recruitment process to ensure good hires. A bad hire should not be a case 'always'.

Probation Period and Termination

Coming back to the topic, during the probation period, it is difficult to challenge the termination based on performance. But on human grounds, everyone should be given at least two verbal warnings/feedback/opportunities to improve themselves. Failing to improve, one can be asked to leave. That's why companies have 6 months of probation; enough to showcase the talent and identify one's potential.