Am I Really Fired? How to Handle Being Locked Out of the Office and Mark Attendance

My boss asked me to resign, and when I refused, he said I was terminated. I have not signed the termination letter given to me. However, now they are not allowing me into the office. I am afraid that if I am not allowed in the office, it will reflect as my absenteeism and they might terminate me for absconding. How can I find out if I am terminated or not? How can I convince them to let me mark my attendance?

Dear,

Please ask your boss why he wants to ask you to resign or be terminated. During the termination process, what reason did he mention in the termination letter?

If you agree with the reason, then sign it and collect all your dues. If not, please escalate the matter to senior management.

Thank you,
Sandeep

Your employer cannot terminate you just like that; he/she should give proper notice and specify the reason for termination. Now, you may contact your employer through a call or email to ask him/her the reason for termination. They have no right to block you unless you are properly relieved. Go to your workplace, and if they won't allow you, ask them to provide a written statement. This kind of behavior is a form of unfair labor practice, so you can take this matter to the appropriate authority for your establishment.

With Regards,
Mr. Thumbs Up

Hello Anandmahindrakar,

Your posting gives the impression that everything happened 'just-like-that' without any background, which is not palatable and leads to viewing your posting with suspicion of half-truths. Please give details of what happened before your boss asked for your resignation, leading to whatever happened subsequently.

Regards,
TS

Dear TS,

Thank you for the reply and query!

The organization is a private life insurance company, and the background of this situation is not meeting probation targets/score. There is a clause in the offer letter that if an employee fails to meet the targets, the employer can terminate. If you need any more information, kindly inform.

One more query to you all, is it difficult for a terminated employee to get the next job?

Warm regards, Anand Mahindrakar

Hello Anand Mahindrakar,

You ought to have given this piece of info earlier itself. Coming to the issue, when it's clearly stated in the Offer about the consequences of not meeting the targets, why are you surprised when you were terminated due to this? But looks like you went on an ego trip when you were asked to resign. At least the Relieving Letter would NOT have the termination as the reason for this separation. To answer your query "is it difficult for a terminated employee to get the next job?", the short answer is... Yes.

Coming to the options open to you:

1] You can go back to the Company & ask for one more chance to show your performance. Don't expect them to lay the red carpet for you... for all you know, you MAY have to cajole, request profusely, etc.

2] You can go back to the Company & request for changing the content in the Experience/Relieving Letters you got. Here too, please don't expect them to agree right away.

3] You didn't mention how long you worked here. IF it isn't for long, you may choose to skip this experience & look-out for new jobs... be clear on how you wish to cover this gap in your career during interviews.

All the Best.

Regards,
TS

Thank you for the response and for outlining the various options available to me. However, I have not acknowledged the termination letter copy that was sent to my boss's email address (and not mine). Additionally, I have not received the 15 days' notice pay, as stipulated in the offer letter in the event of termination by the organization.

They are creating an impression that I am being terminated. My online attendance is marked as 'on' for the past 2-3 days, but they are not permitting me to enter the office, which may lead to me being labeled as absconding, giving them grounds for termination.

The operations team does not have any written directives stating that I am not allowed in the office.

Approaching the Labor Commissioner or Labor Court

Do I have the option to approach the labor commissioner or labor court regarding this matter?

Regards,
Anand

Dear Anand, To answer your question, "Do I have the option to go to the labour commissioner/labour court?" - Yes, you have that option open.

But do you have proof that they did not allow you in the office? As you already mentioned, the online attendance is still live, so you are marking attendance, but since there will be no corresponding work, they can still terminate you.

Also, if the offer letter clearly states that you can be terminated if you fail to meet the assigned targets, which I presume have not been met, and since you have already signed that letter, what can you challenge in the Labour Court?

Regarding the F&F, they still have time to do so as it has to be done within 30 days.

So, you can approach any court, but what can you prove in that court? Plus, the decision will be pending until the case is heard, which will take around 3 - 4 years to clear. Therefore, you can wait until that time and also try explaining to any prospective employer that you will require leaves to attend the labour court, as there is a case you have filed. Your selection itself will be a question mark.

My suggestion: Forget the ego. Speak with the management and resolve it amicably.

Regards, Ashutosh Thakre

Dear Ashutosh,

Hi! Thanks for understanding and replying!

I think management only seeks my resignation. I don't have it in writing that they didn't allow me to attend the office, as they are only verbally pressuring me and not allowing me in the office. And if it'll take 3-4 years for a labor court case, then it's better that I resign.

Regards, Anand