Facing an Unfair Relieving Letter: Can I Bring My Lawyer to the HR Meeting?

Hi All, Please look into my scenario and suggest what I should do.

Issue with Relieving Letter

My employer wrote, "Performance of this person was found to be average" in my relieving/experience letter. I wrote a registered letter to the company with proof showing that my performance was not average.

Today, I received an email from HR stating:

"You were rated as 'average' during your tenure with the company based on your performance and other cultural/behavioral issues, for which you were counseled from time to time. Please note that we have considered the company's process while issuing your relieving letter.

However, if you wish to have a meeting with us to discuss this matter further, you may please meet us in the presence of our Legal Advisor & Advocate Mr. X, whose address is given below. You are requested to confirm your convenient time on any working day (Mon-Fri) between 6 PM and 7 PM."

Seeking Advice

Please suggest what I can do in this case.
- Can I meet them with my lawyer?
- Instead of providing clarification, they reiterated the same thing in the email that was written in the letter.
- In the letter, they used the word "Professional," and now they mention "cultural/behavioral." Is this the right time to share this with me? If they are sure about that, then they should clarify it in the letter.

Thanks.

Impact of Experience Letter Wording on Employee

It is not a good HR practice to write such things in the experience letter. It costs a lot to the employee but gains nothing for the organization. If the employee has actually been performing below average, yes, you can ask for resignation, but you should never issue a relieving order that will cast a stigma on the employee. In Anil Kumar Vs Labour Court, Jalandhar (1986-1-LLJ 101), the Supreme Court has ruled that if any order of dismissal is likely to cast a stigma, then it has to be in accordance with the principles of natural justice. Issuing an experience letter with wording that the employee has been rated average in performance is going to cast a stigma since, with this experience letter, they may find it very difficult to find another job. Before issuing such a certificate, the management should have given the employee at least reasonable time to improve their performance. The management should have offered this proposed discussion before issuing such an experience letter to the employee.

Attending the Meeting with Legal Representation

Now, when the employer has offered you an opportunity to be heard in the presence of their legal adviser, you can very well attend it, and it would be proper if you take your lawyer for defense. Law permits this kind of appearance.

Before attending the meeting, you may study the procedures involved in the company’s performance management system and see if you were subjected to evaluation according to the policy. If you were not evaluated and based on that you were not communicated your performance ranking, the wording in the service certificate should be challenged.

Regards,
Madhu.T.K

Understanding the Appraisal Process

In every organization, except a few, the appraisal flows from the TL to HOD, HR, and so on. The firsthand impression is given by the TL/HOD, except in a few cases where the CEO or other officers who have direct contact with the subordinates on whom the appraisal is made overrule the comments of TL/HOD if they have a difference of opinion.

In the present case, I don't think, without the comments of HOD/TL, 'the average' comment would have emerged. Therefore, I suggest you first talk to your TL/HOD about it and try to ascertain the reasons/instances for the 'average' grading. Request them possibly to amend the comments.

The legal route in these circumstances may not give you the desired results, as the 'average' grading is not considered bad performance. It's influenced by behavioral issues, which are difficult to contest in hindsight, and opinions seldom could be corrected by contesting in retrospect.

It was certainly in bad taste for the company to write such a remark in the relieving letter.

However, were you ever counseled on the average performance issue or behavioral or cultural issues as they state in the letter?

Also, why do you think the company has issued this kind of letter? Have you crossed swords with any of your departmental colleagues or seniors or with HR?

A.S. Bhat

Thank you, Mr. Madhu, for your time and guidance. They never communicated with me regarding cultural/behavioral issues, and they wrote "performance was average" in my relieving letter. So, I wrote a letter to them showing that my performance was not average. Now, they are bringing up behavioral/cultural issues.

Under the circumstances, I agree with Mr. Kumar & Mr. Madhu. In any case, there is no harm in meeting them and also posing a question very politely: why did such an issue never crop up before, during your tenure, or in any annual appraisal made by your seniors, TL, or HOD.

A S Bhat