How Should I Handle Job Termination After Long Sick Leave and Poor Ratings?

Performance Issues and Health Concerns

I am working with a private sector bank for the last 1 and a half years, which is among the top private banks. I did very well last year in terms of performance; in fact, I was one of the top 5 achievers in my vertical. However, when the ratings came out this year, I received very poor ratings. I raised this issue several times with my supervisor, but he did not provide me with any satisfactory answers and simply told me to look forward to the new year as it has already been finalized.

Since May of this year, I have not been keeping well, and I had to take a long sick leave for 2 months. Upon my return after being sick, I submitted the medical certificate and the doctor's prescription. However, my leave was not approved, and it turned into Loss of Pay (LOP). Subsequently, my supervisor informed me that due to last year's rating, I had to undergo a Performance Improvement Program (PIP) for 3 months.

Unfortunately, during the PIP period, my health deteriorated, and I had to take another week of sick leave. Upon my return, my supervisor asked me to surrender the laptop, not come to the office anymore, and contact HR for further updates.

HR Communication and Termination

I expressed my concerns to HR on the same day and followed up five more times, but they never responded. Despite my attempts to meet them, they claimed to be busy and asked me to come back another day. After persistent follow-ups for 15 days, I finally managed to secure a meeting to discuss the issue.

During the meeting, HR informed me that my services were terminated, and I was asked to complete the exit formalities. When I inquired about the grounds for termination, they cited my absence from the office. I reiterated that I had communicated my health issues through email and verbally to everyone, including HR, and provided medical documentation, but they refused to consider my explanation.

I was not informed about the termination formally; otherwise, I would have considered resigning as I felt I had no other option.

Seeking Guidance

I reached out to the top management, including the Managing Director, of the bank regarding the matter, but I have not received any response to date.

The termination will adversely impact my career, and I am concerned about my job prospects in the current market scenario.

I would appreciate any guidance on the best course of action in this situation.

Regards,

Any termination must be preceded by a domestic enquiry. Did your bank conduct the enquiry? What is your designation? How many persons reported to you? This information is necessary to assess whether the Industrial Disputes Act of 1947 is applicable to you.

Do you have evidence of the correspondence that you had with the superiors of your bank? If you have evidence, you can approach the Labour Officer (LO) of your area and explain your problem. Bring along evidence of your employment such as the appointment letter, photocopy of ID card, pay slips, etc. Explain your problem. Let us see if the LO intervenes and addresses your issue. If not, then come back to this forum. We can discuss how to solve your problem.

Thanks,
Dinesh Divekar

Request for Information Regarding Employment Termination

Please provide the following particulars:

1) What was your designation and cadre?

2) When you first fell ill, did you apply for medical leave immediately and submit the medical certificate later?

3) Is there any proof of the supervisor's instructions to surrender the laptop and not attend the office, or of your compliance with these instructions?

4) Was any memo issued to you initiating disciplinary action or conducting an inquiry before your alleged termination?

5) Was any formal order terminating your services issued, either in writing or by email?

Thank you for your reply. Please find the following:

1) My internal designation is Manager, but it is an individual profile, and no one is reporting to me.

2) When I fell ill for the first time, I did not apply for leave as I could not manage to go to the office. However, I sent an email to my supervisor and informed him through SMS and spoke to him as well. I also visited him in his office twice. In fact, I sent the doctor's prescription through my personal email. Upon resuming office, I also submitted a medical certificate.

3) My supervisor verbally asked me to surrender the laptop and not attend the office, but I documented the same in writing when I emailed my ER manager and her supervisor. I also specified where to go and whom to report to, but they never replied.

4) My supervisor sent me an email upon my return from illness regarding possible disciplinary action if I took leave again. However, no inquiry was conducted before termination, and I was not informed.

5) No formal communication was given to me regarding termination, either in writing or through email.

6) I have every email I sent to the HR team and the bank's superiors, but they never responded.

Regards,

Dear Friend,

Any termination cannot be oral; it needs to follow the procedure under the Industrial Disputes Act. Moreover, formal communication must be served to you, explaining the reasons for termination, and an opportunity needs to be given to defend your case. Based on your explanations, since they have not followed the norms, you can still defend your case.