Facing Termination Over Health Issues: How Can I Address My Employer's Actions?

Urgent Assistance Required: Employment and Health Issues

I am an employee of a company for the past year. Due to health issues, I was unable to join the office from the 27th of the month and was also unable to inform them as I was suffering from a major indisposition. When I recovered, I went to the office on the 1st of the next month with all my medical documents, but they didn't accept them, stating they had sent an absconding letter (no mail) to my permanent address for not being present from the 27th of the previous month.

I sent an email with an attachment of the medical certificate on the 1st since they didn't receive the hard copy. They replied that they are unable to accept the medical certificate as they had already marked me as absconded from the 27th, claiming that I have repeated this behavior many times. They not only withheld my salary but also verbally requested a resignation email from me, without assuring that they will provide a resignation acceptance letter. As I hadn't received the absconding letter yet, they sent it via email on the 2nd with a backdated date of the 30th of the previous month.

Concerns and Questions

Now, my question is, if I had been repeating this behavior, why didn't they issue a warning letter to me previously? If not issued, under what authority are they ignoring my medical certificates? One cannot expect me to inform them of my situation during a period when I am suffering from a major ailment.

They also threatened me verbally that if I do not send a resignation email, they will terminate me.

I need your suggestion on an urgent basis.

Regards,

Mihika

You were unable to attend the office from the 27th of the previous month. Could you clarify whether it was the 27th of July or the 27th of August? How many days were you absent? As you were unwell, did you inform the HR department of your company about your inability to attend duties? If you did, what was the mode of communication?

It seems confusing to remove the employee from the company's payroll while still asking for a resignation letter. Additionally, your salary has been put on hold. I suggest you approach the Labour Officer (LO) in the area where your company is located. Explain your situation to see if they can offer any assistance.

Thanks,

Dinesh Divekar

Case Study: Unauthorised Absence

Unauthorised absence is a grave and serious misconduct justifying dismissal. Absence from duty by a workman without intimation to their employer is considered grave misconduct, warranting dismissal. Even absence due to illness, including accidents resulting in multiple fractures, without notifying the employer in due course, is viewed as serious misconduct, justifying dismissal. A workman who remains unauthorisedly absent and fails to send even one intimation to the employer deserves no sympathy, as such an act is gross indiscipline. If taken leniently, it would send a wrong signal to other employees.

The enquiry report of findings is liable to be vitiated if the Enquiry Officer has not considered the material documents submitted by the workman in their defense, as such a flaw is a procedural irregularity. Punishment of dismissal from service is not disproportionate unless it is shockingly disproportionate to the conscience of the Court. A punishment is not disproportionate if it is based on Certified Standing Orders. The writ court is generally not concerned with the decision under challenge but with the decision-making process. The writ court does not re-appreciate the evidence by sitting as an appellate authority. Interference of the writ court is called for only where there is a breach of principles of natural justice, the decision of the fact-finding authority is based on no evidence, is perverse, arbitrary, or the decision is ex-facie contrary to the law of the land or to meet the ends of justice.

Dayanand Paswan Vs. Coal India Ltd., & Ors. 2016 LLR 775 (Cal. H.C.)

Hi,

My absence was from 27th August to 1st September. No, I didn't inform anyone. When I went to the office on 1st September with all my medical documents, they ignored them and put my salary on hold. They are also asking for a resignation email from me.

What I understood from your posts is that you were absent from your duties for five days, from August 27th to August 31st. On September 1st, you reported for duty, but it seems you were not permitted to do so. You were declared absconding on August 30th, which was the fourth day of your absence. I hope my understanding is correct.

Question on Absconding Policy

Which company declares an employee absconding on the fourth day of their absence?

Mr. Dinesh Divekar has rightly advised you to approach the Labour Officer. However, you need to present your case in a proper way, unlike how you presented it here.

Regards

Dear Mihika, For the absence of five days, if your employer wants to terminate your services, then it can be construed that they could be upset with you. Your uninformed absence gave them the opportunity to sever the relationship with you. Had your performance been "excellent," your employer might have let you off with a warning or some punishment. However, termination shows that you were "de trop" as such.

You may approach the Labor Office (LO) to get the unpaid wages. The LO may advise your employer to reinstate you. However, I feel that they could still find some other reason to terminate your services. You should not ignore this factor either.

About Your Career Consciousness

You could not attend your duties because of your sickness. However, were you so sick that it was impossible for you to communicate with your employer? If not, then your family members or friends could have called someone in your company. This lack of communication is not a sign of professionalism. Furthermore, in your initial post, you questioned the wisdom of your employer for not issuing any warning letter or show cause notice. You did not see it fit to communicate with your employer but expect your employer to follow the regular process of discipline. Professionalism is not a one-way street. This instance illustrates your lack of career consciousness. I recommend you work on improving this aspect unless you want to hinder your own growth.

Thanks,

Dinesh Divekar

If, according to them, you have repeatedly been absent without authorization, they likely have a record of this, which constitutes grave misconduct. Principally and ethically, no employer wants their employee to remain absent without permission or leave, as they must make arrangements for the work to be done in the employee's absence. Failing to do so can lead to significant losses, which the concerned employee may not consider.

Regarding medical documents after joining, they are irrelevant if not sent on time to the employer.

Resignation vs. Termination

When it comes to resignation by the employee and termination by the employer, resignation can be a more honorable option than termination, as the latter can tarnish the employee's career. In such a situation, it is advisable to search for a new job to protect your reputation. The rest depends on your own wisdom.

Regards

Hi,

I need your help again to guide me. I spoke to them, and they are asking for my resignation email. They mentioned that they will release my salary after receiving the resignation, and following the full and final settlement, they may provide an exit letter. However, when I requested a confirmation email regarding this matter, they refused.

Please advise.

Regards,
Mihika

Resignation vs. Termination: Understanding Your Options

The management cannot compel any employee to submit a resignation, as that is an illegal act. Therefore, you cannot expect written confirmation about their verbal statement. Since unauthorized absence is treated as misconduct, they can impose any punishment or even terminate you on account of that misconduct. However, this can be a stigma on your service and future career, as it can become a permanent recorded fact if you include your service period in the present organization. You would receive only a termination letter, not an experience letter.

Resignation is preferable to termination. Nonetheless, they can still mention the incident or your absenteeism habit in the experience letter. Full and final settlement and the experience letter are separate issues. While they cannot withhold your salary dues, the issuance of an experience letter depends on mutual trust between you and the management.

Therefore, it is advisable to use your own judgment on whether to continue with the penalty for absence, face termination due to misconduct, or opt for voluntary resignation.

Regards, Mihika