Facing Termination Over Training Exam: Should I Take Legal Action Against My Employer?

Hi, I have been working with an MNC for the last two years. I have received an intimation of termination due to non-completion of the training exam, as it was my 5th attempt. During the 1st to 4th attempts, no one informed me about the terms and conditions of this training exam. I did not receive any emails from HR or the training team stating that I had to clear this exam in 5 attempts only, and failure to do so would result in separation. Hence, please suggest whether I should proceed to the labor court or not. They are pressuring me to resign, or they will terminate me. I am waiting for your reply.

Termination of Employment: Understanding Your Rights

Termination of employment should be guided by company policy and the forms/documents you sign during the joining formalities or thereafter. Here, I am assuming that no communication was done at their end to inform you about the terms and conditions of termination. This is also not mentioned in your appointment letter or any other letter you signed, as per your explanation above.

If in your appointment letter or any other letter that you signed, it is mentioned that the employer can terminate the employee at any point in time without citing any reason, then they can make this decision. They are not wrong at this point because they are following their policy. This practice is being adopted by numerous companies nowadays. However, this is a wrong practice.

Now, coming to your queries, considering you didn't sign any such documents. If it is a verbal intimation, then don't worry and keep doing your work as you have been doing unless you receive any written intimation.

If the intimation is written, then send them an email in response to this termination letter asking about the reason for the same. If the reason is already mentioned in the letter, then tell them you were not informed about the terms and conditions of termination (in the case of this 5th attempt) and how they can terminate you without informing you of the rule and issuing a warning letter beforehand. They may try to demoralize you or put pressure on you so that you resign on your own, but be strong and ask for answers. Wait for the response, and then let me know. I will tell you what to do next.

Please remember, no employer can terminate an employee without issuing a warning letter/notice or a show-cause notice. Every employee should be given a chance to present their point for justification, provided the employee didn't sign any such documents as mentioned above.

For any further clarity on the same, please write back to me.

Regards

Apart from the above, please let us know the reason for non-clearance of the exam. If you are termed as incapable, it can go against your claim. Alternatively, if you have willingly opted for non-clearance, it will still be termed as a code of misconduct. Please explain the reason for not clearing the exam. Was it tough? Did you seek help from your seniors in clearing the exam? Please elaborate.

Thank you a lot for the prompt reply. The exam was not that hard, but it was similar to other exams we normally have. We have unlimited attempts, and on non-completion, they block our salary until clearance, but all these terms are mentioned on our training portal. In this case, there was no communication given in return or on the portal that not clearing the exam would lead to separation (before the 5th attempt). This exam is mandatory.

They have issued me a letter of misconduct for not completing the exam in this final 5th attempt. I have asked them via email to provide a reason, but nobody is replying, saying it's a management decision and HR can't assist.

The local HR has threatened me with termination if I do not resign. I have submitted my resignation with a 60-day notice. However, I now wish to pursue legal action so that I can challenge the termination legally by obtaining a legal stay on it.

On the portal, they have not mentioned the details of this exam like mandatory, while in other types of exams, it's mentioned on our portal.

If you have already submitted your resignation with a 60-day notice, then there is no point in pursuing legal action. If you had not resigned, you would have followed the course of action I mentioned in my previous response. Remaining with the company and taking legal action will not lead to favorable outcomes for you within the company. Management is unlikely to favor an employee who takes legal action, and it could result in continuous harassment.

Therefore, it is advisable to negotiate with them and request some time until you secure a new job. Leaving the company on good terms is important because you never know when this company may be able to assist you in the future. Remember, you have devoted 2 years to them, and when you join a new company, you may require their assistance for ex-employer verification.

Please let me know if you need any further assistance or clarification.

Best regards, [Your Name]

Clarification Needed on HR Letter and Next Steps

Below is the exact text from the letter I received from HR:

"We are providing you with a fifth and final opportunity to qualify in this exam attempt; the organization reserves the right to take disciplinary action against you, up to and including termination of your employment."

Does this mean a termination letter?

I was pressured to treat this as a termination letter and submit my resignation, which I did with a 60-day notice. However, my boss is willing to revoke the resignation if I decide to contest this with HR.

Please guide me on what I should do.

Regards

Also, please guide me on which court I should go to. Labour court - I work as a sales manager in an insurance company. Do I fall under worker rules and regulations?

Dear Samir,

As you have mentioned that the exam was not that hard, it was a normal exam. Then why was it not cleared until the 5th attempt? This indirectly indicates your unwillingness to clear it. You have not taken the exam seriously, which is a form of misconduct. The company may initiate a domestic enquiry, and disciplinary action can be taken against you for the misconduct.

Please let the forum know whether such an enquiry has taken place, and if yes, what was the outcome of such an enquiry.

The remedy for employment-related issues can be sought under the Industrial Disputes Act. Unfortunately, you will find it very difficult to establish that you are a 'workman' as per the said Act.

Dear Samir,

As the Sales Manager, I doubt you will be treated as a workman wherein the labor court will help you. If you have enough time and money, you can file a civil suit against the company, keeping in mind whether it is worth proceeding.

Thank you.