How to Handle an Employee Refusing to Work During Notice Period Without Termination?

Recently, I am facing a very big problem in my office. One of our employees has resigned and wants relieving in 15 days, even mentioning the date of relieving in the resignation email without consulting her TL or PM. We informed her that we cannot relieve her in 15 days due to the high workload pressure we are currently facing. However, she has now declared in front of all employees that she will come to the office but not do any work. Instead, she plans to watch YouTube and surf Facebook during her 1-month notice period. A few days ago, she had an argument with the project manager for not completing her work and ultimately left for home without finishing her assigned tasks. Please advise on the actions I can take against her, excluding termination.

Regards,
Nisha Sharma
[Email Removed For Privacy Reasons]

Addressing Employee Misconduct: A Firm Approach

These types of employees need to be taught a lesson. If you do not nip this practice in the bud, other employees could imitate this type of behavior.

Any employee who challenges the authority of the seniors needs to be taken to task. For her rude behavior with the project manager, order a domestic enquiry. Give her a chance to explain her position. If the explanation is not found satisfactory, you may terminate her. When issuing the service-cum-employment certificate, mention the reasons for separation as "Terminated because of bad behavior."

As soon as you order the domestic enquiry, put her under suspension.

If you do this, it will be a lifelong lesson to the errant employee and a lesson to all other employees as well. Since you have conducted a domestic enquiry, even labor courts will not interfere in the management's decision on her termination.

My suggestion may sound harsh to you; however, no employee should underestimate the company's authority. The project manager is a representative of the company's management. Insulting him is insulting the management. Therefore, you should come down heavily on such an employee. The submission of a letter of resignation does not give anyone the license to insult seniors, nor does it empower the resigning employee to refuse work. Every employee is responsible for completing work until their last working day.

Her termination may impose a burden on other employees. However, the company's culture is far more important. As an HR professional, you are responsible for maintaining a culture of discipline. You should come down heavily on those who cross their limits.

Thanks,

Dinesh V Divekar

Thank you for your wonderful advice. However, she has already resigned, so how can I terminate her? She is not following any instructions. Even while sitting in the office with her legs folded, when I interrupt her, she drops me an email saying, "I'll sit as I want to, sir. DON'T INTERRUPT ME."

Disciplinary Actions Beyond Termination

Apart from termination, what other disciplinary actions can I take against her? This behavior could negatively impact other team members. Many new employees are joining the company next week, and her behavior may set a bad example for them.

Relieving and Experience Letter Concerns

Is it possible for the company not to issue a relieving letter and experience letter to her? Can we mention her indiscipline in the relieving letter?

Please advise as I, as an HR professional, cannot tolerate this behavior any longer. She has become a headache for my company.

Regards,
Nisha Sharma
[Email Removed For Privacy Reasons]

Thank you, Mr. Dinesh, for your wonderful advice. However, she has already resigned, so how can I terminate her? She is not following any instructions, even sitting in the office with her legs folded, and when I interrupt her, she sends me an email saying, "I'll sit as I want to sit. DON'T INTERRUPT ME."

Disciplinary Actions Needed

Except for termination, what disciplinary actions can I take against her? This behavior will affect other team members. Next week, a new joiner is joining the company, and she will set a bad example in front of him. I don't want to show a bad image to my employees. Is it possible that if the company does not issue a relieving letter and experience letter to her, or can we write 'indiscipline employee' in the relieving letter?

Please let me know. As an HR professional, I cannot bear this anymore. She's now a headache for my company.

Regards,
Nisha Sharma

[Email Removed For Privacy Reasons]

Addressing Employee Defiance and Disciplinary Actions

Sitting posture and defiance to authority are two independent things. Sitting cross-legged is allowed in a few offices as it relieves the burden on the legs and is ergonomically a correct posture. Keep this factor aside.

Concentrate only on the defiance to authority. As mentioned in my previous comments, submission of a letter of resignation does not give a license to disobey the orders of seniors. Take stern disciplinary action; otherwise, this bad apple will vitiate your organization's culture. For taking disciplinary action, you need to have credible evidence as well. When she refuses to do some work, record her behavior. Video recording is the strongest evidence against her.

At this stage, terminating her will not mean anything to her. The real punishment lies in issuing a service-cum-employment certificate with negative remarks. She will not be able to show this certificate to any of her future employers. Do not withhold the relieving certificate as she could acquire sympathy from fellow team members.

After conducting an inquiry and subsequent termination, issue an office circular stating that due process of law was abided by (or principles of natural justice were followed) before termination. All other employees must come to know that your company has a culture of justice.

Actions speak louder than words. Communication is not just verbal or written, but in organizational communication, you send a message through your actions.

I do not know why you are nurturing a soft corner for this employee. While running administration, good behavior has to be rewarded with positive discipline and bad behavior with negative discipline. Positive and negative discipline both go hand in hand. You cannot stick to either of them forever.

Before ordering an inquiry, take the help of a labor consultant. Let a professional handle this inquiry. The Enquiry Officer only investigates the matter and does not have the authority to recommend punishment. Based on the findings of the inquiry, the quantum of punishment is decided by the management. Hiring an Enquiry Officer may cost some money. But this matter need not be seen through routine cost-cutting drives.

Issuing a service certificate with negative comments without conducting an inquiry will carry no meaning as this certificate could be challenged in a court of law. Your every action has to be backed by evidence. To have evidence, conducting a domestic inquiry is of utmost importance.

Convince your management on ordering an inquiry, her termination, and later issue of a service certificate with negative remarks. Because of her termination on disciplinary grounds, she could forfeit terminal benefits of her employment. If she has served more than five years, then she could forfeit gratuity also. However, please check with a labor consultant on the forfeiture of gratuity.

Thanks,

Dinesh Divekar

"One dirty fish spoils the whole pond." I am really surprised to know that you are still bearing this type of unprofessional and immature behavior and believe that she can be an asset for you or you need her a lot because YOU HAVE WORK PRESSURE THESE DAYS. I believe she must have been terminated after issuing a notice/warning letter timely by stating all the reasons as soon as you found her taking such actions. Also, you are an employer and you too have no rights to take any decision that won't suit your organizational environment or be a reason to influence/encourage other employees by any means.

Like Mr. Divekar said, "If you do not nip this practice in the bud, other employees could imitate this type of behavior."

She has resigned and is on a notice period but still an employee until the last day of her notice period and can be terminated immediately based on her actions, but you didn't, and searching for options on how to get work completed by her is your mistake. If you think that she can't be terminated because she has already resigned, then I would say you can't take any disciplinary action against her either.

Secondly, as Mr. Divekar said, it is really important for you to handle her wisely and let her know the results of challenging authority by her conscious wrongful actions and misbehavior. She should not be allowed to enter the premises, which should have been your first step, but she was allowed by you, which I believe is not in your favor and for sure has encouraged other employees too. However, you are well aware of the consequences of your as well as her actions but still have not taken firm actions, which was another mistake.

Actions to Consider

You can proceed with the following actions which will be tactful and professional steps and will be a good lesson for her:

1) Do not allow her to enter the office/company premises.

2) Issue her a 'termination letter' referring to her undisciplined behavior.

3) Withdraw all facilities/assets provided to her such as Employee ID Card, Laptop, Mobile (if any), and others.

4) Need to send a circular email to all employees referring to her as 'Indiscipline employee' and that she is terminated.

5) Designate her as 'Indiscipline employee' in her relieving letter.

6) Follow the notice period conditions as stated in her appointment/employment letter.

7) Assign her tasks to another employee and instruct him/her to inform all correspondents/contacts about her termination with such reason.

Both employees and employers need to respect and value the relationship, and none of them is allowed to disrespect it at any cost. Be professional, take wise and immediate actions.

Best of Luck

Handling Employee Resignation and Misconduct

Once an employee submits their resignation letter, termination and disciplinary actions may lose their significance. This situation can be quite tricky. The best approach is to document her activities and serve her memos (letters describing her behavior). Warn her that if she does not contribute to work or fails to maintain decorum, she may receive adverse remarks in her relieving letter.

Additionally, put in writing that she may not be relieved as stated since her handover and assigned work, which needs to be completed within a reasonable time, is still pending. Due to this incomplete work, you may withhold her relieving and full and final settlement. Ensure that you mark her negatively in her relieving letter even if she stops coming to the office after the deemed notice period is over. Do not pay her dues if you have to issue the letter.

Most importantly, all this must be documented and communicated to her in writing immediately, as you could be taken to court for withholding payments, etc. At such a time, you need a strong written record (proof) for your case to stand up in court. Try to obtain written replies from her (avoid verbal communication). If she does not comply, send reminders stating that she has not yet responded to your memos. Persistence and determination are key.

Hope this helps; you can send me emails for further advice at [Email Removed For Privacy Reasons].

Regards,
Robin Varghese

HR Consultant with extensive experience in HR and its legal effects.

Thank you to everyone for your wonderful comments. I have already sent a warning letter to her. Do I need any confirmation email from her side?

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Warning Letter

To,

Emp Name
Employee ID:
Designation:

SUB: Warning Letter

Dear [Employee Name],

It has been brought to my attention that recently, you have been behaving very rudely towards the HR department. You attempted to intimidate a colleague by yelling and speaking disrespectfully in front of others.

A few days ago, your manager, Mr. [Manager's Name], instructed you to properly release the website on June 12th, 2014. However, you refused to comply with your manager's directive. This refusal resulted in a missed release on the significant occasion of the opening day of the FIFA World Cup 2014.

Your willful insubordination in not following your manager's instructions is considered misconduct, even though no formal action was taken at that time. As an HR representative, I cannot overlook such behavior within the company.

I trust you are familiar with the code of conduct that must be adhered to until your last day of employment with the organization. Past instances of similar behavior towards HR and your Team Leader have resulted in verbal warnings. Despite these warnings, there has been no improvement in your behavior or attitude, which is unacceptable and constitutes insubordination and unprofessionalism.

The company has provided you with opportunities to rectify your conduct, attitude, and work performance. You have been consistently supported and counseled in this regard, yet there has been no noticeable change. Your actions are in direct violation of company policies.

You are hereby cautioned to rectify your behavior, cooperate with HR, and work harmoniously with your team members. Disregard for authority disrupts the work environment. Should such incidents recur, severe disciplinary measures will be taken.

Regards,

Nisha Sharma
Email: [Email Removed For Privacy Reasons]

Feedback on Disciplinary Action

Good beginning, Nisha, and a nice letter to start with. The letter is fine, but I am sure she cares little about these warnings. The next letter after 48 hours should not be a warning but a Show Cause Notice, asking her to reply within 48 hours. Change the wording of the letter to reference your warning letter and the fact that she has not mended her ways. Force the issue by insisting that she is unconcerned and habitual in her behavior.

The last paragraph should read: "You are hereby advised to submit your reply within 48 hours from receipt of this letter/email, failing which we will construe that you have no explanation to offer, and the management will be free to proceed against you at your risk and responsibility and at your cost."

Hope this helps.

Regards.