How Should I Handle Being Forced to Resign Without Proper Notice Due to Alleged Performance Issues?

Hi, I am working with a private firm in the role of Manager - Retail Sales. I joined the company on 17th April 2015 and was assigned to oversee BTL activities for the company. Initially, I was tasked with working with the call center team for a few months as things were not organized. My targets with the call center team were the same as for any other employee in the organization. The company required a conversion rate of 35%, and I managed to maintain it at approximately 40%.

Due to some internal changes, I was reassigned to a new role in Institutional Sales. My senior requested me to lead a new team, and despite my initial disinterest, I eventually transitioned to the new position around 14th August 2015. While working in the new role, my seniors accompanied me to meetings. I had informed them that I would be visiting my hometown during the company's holiday for Raksha Bandhan. I took leave from 28th August to 6th September (inclusive of the company holidays on 18th, 29th, 30th August, 5th & 6th September), utilizing medical leave for five days.

Upon returning on 7th September, my senior asked me to resign, citing the company's financial challenges, and requested me to leave immediately. I was compelled to resign. Furthermore, it was communicated that 31st August would be considered my last working day. Despite my repeated requests to serve the one-month notice period as per my offer letter, they insisted that I had been warned on 1st August that 31st August would be my last day if performance did not improve. However, such a conversation never occurred.

Please advise on what steps I can take in this situation.

Regards

This is a sad thing to happen.

Now you have two options - either to take legal action or move on with life. This job is not the only one in the market. The company didn't want you and had no real idea of how to use your talent, so they kept shifting you around.

I would choose to explore other job opportunities.

Though you have mentioned the sequence of events, what you did not mention is the period of probation. Were you on probation? If yes, then for how many months? Did the company communicate with you about the conversion from probationer to permanent employee? Your removal depends on these things.

Secondly, it appears that the company was not interested in retaining you. "Financial setbacks of the company" could be a ploy to remove you. Therefore, we need to know how your relations were with your superior managers.

Possibly your "medical leave" came in your way. Your managers easily understood that your sickness arose exactly when there was a great chance to prefix and suffix the leave with the close holidays. Your manager might have been incensed for not keeping him in trust. You could have told your reporting manager the real reason for your leave, i.e., Raksha Bandhan, and only then availed leave with due authorization. Your manager might have construed "medical leave" as playing tricks, and it backfired on you!

Why did you give so much importance to Raksha Bandhan to the extent of putting your employment at stake? You could have waited until you found your feet in the new organization. Just four months in, and you went on leave with false reasons. Hardly the behavior expected of a manager.

While you have blamed your management for "misrepresentation" leading to your removal, what about your "misrepresentation"? Why should it be condoned? Is it not the pot calling the kettle black?

Anyway, there is no point in crying over spilt milk. I recommend taking this incident as a life lesson, earning the trust of superiors, and telling them the actual reasons for your leave.

All the best!

Regards

As per my offer letter, I was on probation for 3 months. The organization didn't communicate anything to any employee regarding the confirmation. However, I have screenshots of the software that the company uses, which states that I am a confirmed employee since July 2015. According to the offer letter, if I leave or the company wants me to leave, there will be a notice period of 30 days.

Regarding leaves, I informed my superior well in advance via email that I would be visiting my hometown and as I have not been feeling well for a few days, I would be seeing a doctor there.

When I emailed the entire situation to the owner of the company, I received a response stating that if they had communicated with me on 7th September, I would have had a notice period of 1 month. However, the DGM and CEO are now manipulating the whole situation. Furthermore, they have been scolding and threatening me for sending emails to the owner.

Please guide me on what I can do now.

Dear Welcome.World,

In fact, it's unfortunate and rather embarrassing that sometimes we get involved in unwanted situations where we have no role to play due to internal politics. It seems you have also been made a scapegoat of internal politics.

Anyhow, according to our thinking, you should get all your dues settled in an amicable manner. Request them to provide you with the experience certificate. It's of no use to serve an organization where you don't find job satisfaction.

Search for another suitable job. Wishing you all the success.

Regards,
Optimus Consultants.

Understanding Leave Policies and Employment Termination

Basically, I don't think anyone will accept that you fell sick at the same time as the holidays. You should have actually taken approval for leave without pay for the period of extra leave you needed. Taking leave like this before you have completed one year is always a bad idea.

Once the company has decided they don't want you, then everything else is immaterial. The owner has said you will get a month's salary as notice pay, so you will get it. Why should it matter that the manager you were reporting to is threatening you? You don't work for him anymore.