Termination Or Resignation ??

Dear Pradeep,

The reasons for my suggestion for the resignation was that this is a case of rumour-mongering, which is normally exist in all the organisations in some form or the other and difficult to substantiate its existence particular the chat on the whatsApp. There are certain employees, who are habitual loose talkers to whom the company should ignore.The colleagues of such employee also know him better and as such they don't take him serious. Instead of trying to prove such activities,you should intiate action for his low performance, which you have said that it was greatly dipped during the period when he was induldged in spreading the loose talks amongst his co-workers.

I agree with you that unwanted acts like this should be dealt strictly to set right parameters for future,but your main aim should be to get rid of such persons,may be by terminating his services on the ground of misconduct or by compelling him to resign from service.His future course of action of protesting against his removal from the service mollifies in case of resignation.



BS Kalsi

Member since Aug 2011

Dear Pradeep,
I fully agree to the point that Mr.Kalsi try to drive home. It's a difficult task to prove the loose talks the person is habituated to is "guilty". It's necessary to determine and define, what constituted a "misconduct" and whether his behaviour can be construed under this category. Did he really conspire against the interests of your co.? Mere revealing his future plans and asking his colleagues join him in his endevaours, in my view cannot be considered a serious offence warranting capital punishment like termination straight away. Probably you should institute a formal inquiry, charge him and if found guilty can at the best try inflicting some minor punishments like severe warning, increment cut, transfer to other places demotion etc. And if he is not correcting himself and "continue the offence" he may be asked to resign. This I'm suggesting only keeping in view the prospects of winning the case in the court of law consequent to your action.

Hello Mr. Pradeep,

Below are my suggestions:

1. If the employee is still working you need to terminate him with immediate effect. He cannot approach the court as he himself is at fault & as mentioned in the appointment letter a company has all rights to terminate an employee if found guilty / disobeying company culture / rules.

2. If the employee has already left; find out which company this person has joined, you need to call up & speak to the HR of that company.

You need to tell them that this person has a negative background at work & can affect the culture of their organization too.

By doing this, this person may/may not loose his job depending on the policies of the other company that he has joined.

But, It will definitely spread among the current employees that if such things happen, the management will not keep quite & watch the drama, but will take strong action against the employee.

Your current employees will themselves understand that the Company will not tolerate any misconduct at work.

Hello Pradeep,
BS Kalsi has given valid justifications to opt for the Forced Resignation route rather than Termination.
Since the employee has already joined elsewhere, like another member suggested, speak to the HR of his new Company.
Though, it would be better to FIRST speak to the employee before contacting the HR, frankly--given what you mention about his attitude/nature--that would only help to alert him about your Plan of Action & enable him to play-out another drama with his new Employer. And since they don't know him well, as yet, he can come-up with SEEMINGLY convincing reasons.
However, I think he ALREADY must have told some sort of a story there--how else was he allowed to join WITHOUT any Relieving/Experience Letter?
I would suggest you to assign someone to get the inputs on how did he join there & prepare your move before you talk to that HR & get his resignation letter.
Rgds,
TS