Termination Of Employment [Thread 546863]

Hi All,
Recently one of my friend has received a termination email from HR stating that you are found responsible for creating negative environment in company which is a gross misconduct and hence we are terminating your employment.
I want to know whether he should file a case in labour court and send them a notice and what steps he should follow.
Regards,
Shankul

Hi Mr.Shankul,
HR/Employer cannot terminate an employee for any misconduct without proving it hence employer has to conduct domestic enquiry by suspending the concerned employee. In domestic enquiry employer has to prove the misconduct of employee before enquiry officer at the same time should give opportunity to employee to present his/her case than only employer can take action. if your friend employer did not following this procedure than you can take legal course.
With Regards
Mr.Thumbs Up

""creating negative environment in company""
This charge is very open ended and subjective in nature.
The company should conduct proper enquiry-giving chance to employee to defend himself and produce evidence in his favour.
Before going to court,he must first send a detailed reply/defence to the company and if no reply is received he can take legal recourse.

Dear ,

Every employee should be given a chance of explaining the authenticity of allegation made against him prior issuing termination letter. This is normally done by issuing "Show Cause Notice" letter with a time frame of 24/48/72 hrs (varies from company to company).

Pls note, show cause Notice is issued only when the allegation is of crucial/risky/defamatory/confidentiality nature and the case needs to be addressed/terminated/closed immediately. Otherwise employer should issue at least warning letter to the employees asking them not to repeat such activities again etc etc.

Moreover prior issuing any Show cause notice, the employer should do all initial investigation against the allegation and should find the employee liable with proofs.

And if employer intentionally do this with any employee then the employee may challenge the employer in labour court.

But remember one thing, employer may create artificial scenario or may convince other employees to say against you in labour court. Hence it is always good to be polite with the employer and request them for notice of 1 month or so or to give sometime for new job search.