Unfair, Unprofessional And Inhuman Treatment At XXXX

Can an HR terminate employees for not acknowledging something they don't agree with? I recently joined XXXX in Gurgaon and was in the PST training period. My trainer, Mr. Y, shouted at me and insulted me in front of our entire batch just because I asked him for help to set up my monitor since it was not working. Earlier that morning, I had asked for help with my cab as well since I had not been able to get a cab for 2 days. Even then, he disconnected my call and yelled at me when I entered the training room.

I did not say anything, just asked him to talk to me normally. Can't he communicate with us like human beings? He speaks to us as if we are dogs, not humans. He lacks professionalism. Instead of teaching us, he constantly threatens us with his power and the ability to terminate anyone whenever he wants.

Later, his boss, the training manager, called me and once again, she was shouting at me at the top of her voice. She was even more irritating than her subordinate, Mr. Y. She was verbally abusive towards me for reasons I couldn't comprehend. She didn't let me speak at all, and I felt like a small puppy in their presence.

After that, I was asked to acknowledge a Corrective Action Plan (CAP) that listed things I did not do. I refused to acknowledge the CAP because I had not done any of the things mentioned. I had only sought help with my system and the cab.

I then explained everything to the Senior HR, and she agreed to document the actual events. Since everything had occurred in front of the entire training batch, neither I nor he could lie. I shared all the details, and they conducted an investigation into the issue.

Nevertheless, a man who claims to be HR (but is actually an HR) didn't believe me. Two days later, he called me to his office twice, sat me down beside him, and demanded that I acknowledge what was written in the CAP. When I refused, he shouted and yelled at me (why can't these people communicate normally?). The allegations in the CAP were false, so I couldn't acknowledge something I hadn't done. Eventually, he asked me to leave the office and sent me a termination email that very night, citing insubordination.

Is not acknowledging something that is incorrect and with which I do not agree, considered insubordination?

Does he have the authority to terminate anyone just because he is an HR?

To whom should I turn for help?

I am new to this company, so I am unsure whom to approach for assistance. I don't have the contact information of the Senior HR. Her name is A...

Can they terminate an employee without involving any senior or other officials and just send a termination email? In the termination email, he did not cc anyone, it was only sent to me. Is this termination legally valid or void?

Dear Naru Hai,

Well, friend, what is happening with you is quite unfortunate. But then this trouble with the American MNCs, XXXX or otherwise. The trouble with the Indians working in American MNCs is that many of them wanted to be more American than Americans themselves; that is the root cause of the problem. Above all, American companies have come to India not to emancipate Indians but to save the cost of their operations. Because of MNCs, the Government of India gets foreign exchange, they create employment too, so why bother for national self-esteem?

Coming to the incidents of your company. You are a victim of shouting from three persons: the Trainer, Training Manager, and finally HR. Therefore, should we deduce that XXXX has a poor interpersonal environment?

Solution: You have been terminated from the services already. What is your choice now? Would you like to ignore the incident and move on, or would you like to take on your company? If you wish to do the latter, then what evidence of workplace harassment do you have? Did you record audio when the authorities were shouting at you? Other than the termination letter, do you have material evidence?

I recommend you take a copy of the termination letter and approach the labor office in your area. Make an appointment with the labor officer and find out what he says. When you go to the labor office, take with you proof of your employment like the appointment letter, pay slips, etc. The advice is based on taking at face value whatever you have written. We have not heard the other side. Neither do we know whether you have given complete information.

Lessons for HR: With so much talk on leadership, organizational culture, employee engagement, and so on, posts of this kind give us a peek into what actually happens in MNCs. Just go to Google and type "Work culture of _____" and you will get very good reviews. Why does this post contradict those reviews? So who is correct? Is the originator of this post correct, or are those reviews correct? Assuming that whatever the poster has written, 25% of it is true, even then also how is this American MNC different from some Indian lala company? Why deride Indian lala companies then?

Anyway, other senior members may also give their views.

Thanks,

Dinesh Divekar

Mr. Dinesh,

What you have written is perfect and covers the issue.

Private employers are all-powerful bosses and can literally hire and fire executives. There is always a queue of people waiting for jobs in MNCs. Fighting with them legally is wasting your personal money and time-consuming. Besides, any new employer will turn away if he knows you have filed a case against the previous employer.

In this particular case, the culture of the company is evident and is a shouting one. It's better that the employee moves on in life rather than fighting. He will not get evidence in his favor. He is an ex-employee now, and witnesses are all current employees.

The only thing that can help him legally is if overnight dismissal may not be in tune with natural justice. Whether that HR person has the authority to terminate on his own is also unknown. It appears to be an illegal termination considering the circumstance of the email without being cc'd, etc.

But my question is, is it worth fighting and joining back a company that shouts instead of communicating? Assuming whatever the querist has written is true and not having heard the version of the company, this person is far better off looking for another job.

Dear Concern,

The termination is purely based on the organization's policy. Whatever happened with you was very shocking because a company like XXX could not do this.

Anyway, you can do one thing: send the same email you received from the HR person to your immediate reporting authority with a cc to the management team. Forward the same email to the Head of HR along with your Department Head and inquire about the issue.

Also, detail the communication and behavioral issues that the two employees of XXX exhibited. Send the email from your personal email address.

Please proceed accordingly, and I hope you will receive a positive outcome from the organization.

Thanks,
Shubham

Both the replies seem to be correct. However, we may need some more information to decide the next course of action. Considering the information provided by the employee is true, but a few more points may help us:
1. How long had he been with the company? Issues referred to by him, like setting up the monitor or cab problem, seem to fall into the beginner category.
2. Did his appointment letter have a clause for such immediate termination?
3. Was he paid something when terminated? If yes, what were the components, and above all, did he accept it?
4. What does the company policy state for such situations, and was he made aware of them by the time this incident happened?
5. Is he gainfully employed after this?

These are a few helpful questions before getting justice or reaching a fair decision on behalf of either of them.

Regards,
Anju Sharma

Prima facie, the termination seems to be illegal. You can challenge the termination in the labour court provided you are a 'workman' and have completed 240 days of service in the last year.

1. Date of joining and termination.
2. Nature of your work.
3. Nature of company.
4. Are you in probation? If yes, is there any specific clause of termination?
5. Any communication related to your non-performance, if any, by the company?

If you can share such details, it will be easier to advise.

Dear,

Termination is a separate issue, but it is a case of workplace harassment. If you have proof, you can directly move to the police for an FIR. Whether it is an American MNC or an Indian company, the law of the land must be followed by all. I do not understand when people say it is an MNC; please note that all MNCs are covered under the Shops and Establishments Act, and they are bound to follow all laws applicable to establishments.