How Should I Draft an Email to Address an Employee's Persistent Poor Attitude?

Hi Rahul Yadav,

As an HR executive, one of my employees has exhibited a consistently poor attitude despite numerous warnings. I am now considering dismissal as a necessary action. Despite several prior warnings, there has been no improvement in his behavior.

I am contemplating sending him an email to address this issue directly. Could anyone assist me in drafting this email?

Please advise.

Regards,
Rahul

Does this employee work under you directly? What is this "bad attitude" you are talking about? How does this manifest itself during work?

You just cannot dismiss any employee - there is a procedure of counseling, warning, giving time for improvement, etc. Hire and fire is not the in thing and can lead to legal repercussions, in addition to leaving a bad taste in the minds of other employees.

Anyway, do not get into the mindset - my employee. Other employees are company employees.

I second Nathrao. It is not good to hire and fire employees just like that. To be honest, "attitude" is often tagged as "good" or "bad" based on one's behavior towards us. Maybe, in general, it isn't bad at all. It could just be straightforward, plain behavior that is perceived as bad.

Instances of "Bad" Attitude

Can you share instances of the "bad" attitude you have observed in this employee? Has anyone else complained about it to you? Have you tried counseling or chatting before you warned him many times? Have you attempted to resolve it amicably before resorting to warnings? Has his attitude changed recently, or has it been the same since the beginning of his employment?

There are so many possibilities that need to be addressed before concluding that he has a "bad" attitude, let alone firing. Good luck!

Yes, I agree it is difficult and not proper to fire an employee. Kindly talk to him or maybe a few warnings in writing may work out.

Your approach to this forum itself is not proper. I can say that your attitude is not appropriate as an HR executive. You are asking questions and at the same time providing answers or solutions. Are you testing the knowledge of the members with your decisions? First, you should post your query and then request solutions from the members. It is not necessary to adhere to the advice of the members, as the final decision rests with you.

Considerations for Charging Someone with a Bad Attitude

Secondly, how have you come to the conclusion of bad attitudes and in what manner? Is it related to behavior, work nature, insubordination, disobedience, refusal of orders from lawful superiors, or any act subversive of discipline? These are important considerations when charging someone with having a bad attitude.

As an HR executive, please always use a polite and legal approach, not only in your own interest but also in the interest of the organization. The law is not one-sided; it considers both sides and cannot dictate to anybody without allowing them the opportunity to defend themselves.

Regards,
Adoni Suguresh

Labour Laws Consultant

Hi Rahul,

You can issue the employee a warning letter duly signed by the HR head or unit head. Even if the employee continues to misbehave, you should form a cross-functional team and schedule a formal session wherein the case shall be discussed, and a decision can be taken - either issue another letter or terminate.

You should try to follow a legal procedure in consent with management while handling such cases as it may cause a union issue.

This is in addition to what other learned members have said. If the attitude of the employee is that bad, then why was it not detected right at the interview stage itself? The incident well illustrates the importance of recruitment in general and the maturity of the interviewer in particular.

Questions to Consider

When did the employee join your organization? Who was involved in his selection?

In which department does he work? What about the HOD of the employee? Has he given feedback to the employee in private?

Thanks,

Dinesh Divekar

Legal Considerations for Employee Dismissal

There is no legal definition of "bad attitude." An employee can be dismissed only for misconducts specifically mentioned in the model standing order/service rules of the company. The "hire and fire" policy is illegal. Without knowing the nature of misconduct, it is really not possible to give advice.

Even if you want to terminate him for proper misconduct, there is a proper procedure: issue a charge sheet, give an opportunity to explain, if not satisfied, conduct a domestic enquiry, and then give punishment (terminate). If you adopt a hire and fire policy, the employee can easily ask for reinstatement and back wages before a labor court and win easily.

For more information on labor laws, you can check my blog - www.labourlawhub.com.

As stated by Riteshmaity, a hire and fire policy is not legal. As an HR person, you may have to counsel the person to mend their attitude. If that approach is still not effective, then you should strategize on how to encourage them to leave the job voluntarily, which will be a safer option.

Regards,
Bgramesh
Hosur.