Facing a Performance Warning After 1.7 Years: How Should I Respond to Save My Job?

Hello Everyone, I have been working in a company for 1.7 years. However, today I received a warning letter regarding my performance. Please see the below:

"This is to bring to your notice that your performance, even after my verbal warning 15 days ago, is below par, which is creating a negative impact on the client about the company. With this email, you are being given a 10-day notice. If performance still remains the same, we may take strong action against you, including withholding your salary for the month of January and terminating your contract with the company. Due to your performance, we are already experiencing losses. Please consider this as a final notice to you."

Please advise me on what I should do. I am putting in the same effort, but due to time constraints and other issues, I am being blamed. Please let me know.

Thank you.

You are really in difficulty. This, at times, happens to many of us. Try to seek another position if you have difficulty understanding the expected results of the jobs assigned to you. This can only happen if you talk and make your senior agree with HR, as I see you are new to the setup, and possibilities in your case may be available.

Anyhow, treat the communication sent by the HOD as a final notice. Look for a suitable job; that should be your priority. I suggest you sit down once with your superior, try to understand the real gaps to improve upon, if not here, then at another organization. Also, request him to consider an extension in relieving you for more time, say, another month, so that you can easily find a job of your choice in the market.

Anything that gives a painful experience should also be taken as an opportunity calling us to face it with full strength and firmness. During this struggle, there are plenty of job opportunities for you. Move ahead with a positive attitude, keep yourself motivated, and prepare to hunt for a job as early as possible.

Best wishes,
RDS Yadav

Hi, I am grateful for your opinion. Thank you.

I just want to know if I resign tomorrow before they terminate me after 10 days, can they hold my salary and documents? An experience letter is essential for me as I have been with the company for a long time.

If they terminate me after I resign, can I take legal action against them for the notice period salary or documents?

Thank you

Induction and Support for New Employees

I differ slightly from Vibhakar's viewpoints. I have experienced that, at times, organizations do not provide proper induction and enough support to new members to achieve optimal performance. This may stem from both right or wrong justifications. Some organizations ensure proper induction, providing required resources including mentoring and a buddy system to facilitate performance. Conversely, there are situations where new employees struggle to meet expected performance levels. This scenario is applicable to every role, from trainees to CEOs. In both cases, employees should gather feedback from peers, colleagues, and superiors to gauge their future prospects. If the signals are clearly negative, one should plan their exit before being asked to leave.

I have observed that the employer has been considerate and, after a thorough performance review, seeks a graceful separation with Mr. Tester. It is expected that all relevant documents, salary, and an experience letter will be returned. Management typically expects employees to maintain grace, avoid causing damage, and adhere to the conditions set by their superiors.

Best wishes,
RDS Yadav

You may treat the warning letter as the first step toward termination to avoid IR issues with the Labour Department. So, it is advisable to seek a better job with a higher salary and move on with life. You may consider this experience as a life lesson with much more to come. Always do some research about the company prior to joining.

Termination Due to Poor Performance: A Sensitive Issue

Termination on the grounds of poor performance after 1 year and 7 months of service is a sensitive issue. It raises questions about mismanagement within the company and the lack of relationship maintenance between employee and employer. When recruiting an employee who may be suspected of not delivering satisfactory performance, it is advisable to place such an employee on a probationary period to learn the job and assess whether the employee is capable of working according to the job description. If the employee is confirmed after probation, subsequently blaming them for failing to deliver satisfactory performance can lead to disputes.

Furthermore, if an employee's performance is deemed unsatisfactory, the company must identify the exact reasons for the poor performance. It is crucial to pinpoint where the issue lies and why the employee is unable to meet the required performance standards. The company should also provide any necessary training and counseling. If, despite these efforts, the performance remains unsatisfactory, the company can proceed with termination procedures with concrete evidence of cooperation with the employee, adhering to the principles of natural justice. In such a situation, it may be better for the employee to resign voluntarily rather than face termination, as termination and a record of poor performance could have a negative impact on the employee's future career prospects.

Cessation of Salary: Legal Implications

Regarding the cessation of salary: legally, the company cannot withhold or stop an employee's salary due to unsatisfactory performance. Salary is a fundamental need for employees, and the company cannot withhold an employee's salary under any circumstances.

Thanks & Regards,

V SHAKYA

HR & Labour, Corporate Laws Advisor