Facing Job Termination: How Should I Handle Disciplinary Action and Notice Period Dispute?

Mail from CTO

Akanksha,

Over the last month and more, there have been strong observations about your professional conduct. Some of these observations, but not all listed here, include:

- Unreported absence for a long period
- Reporting to work with delays that hinder collaborative work
- Disregarding timelines and not honoring release schedules
- Not working cohesively with the team on assignments
- Attaching a lack of seriousness to the requirements at work
- Not taking responsibilities for task assignments and not following through, without considering the results and impacts

While we, at OnlineMocks, emphasize a free-work environment, a sense of ownership is definitely a "must-have" element for all employees to help us achieve our startup goals. It is unfortunate that, despite being given the freedom to rectify your professionalism, the situation has exceeded the limits set by HR practices.

Based on the above, I believe that you may be better suited to pursue your professional career outside of OnlineMocks. Your lack of seriousness towards work has impacted timelines and quality, warranting disciplinary action resulting in the termination of your tenure at the firm.

You are being given a 2 (two) weeks' notice period. You will not be eligible for any benefits.

You are advised to utilize the two-week period to seek other opportunities and ensure the closure of your current responsibilities. Failure to do so may lead to the withdrawal of the notice period as well.

We wish you better times ahead!

Regarding Termination of Job

Hello Sir, as per our discussion, you asked me to submit my grievance. Here it is.

According to my offer letter, if the job is terminated by either party, a notice period of 2 months is to be served, or the equivalent salary is to be paid by either party. Referring to my Joining Letter (attached), and your mail, I agree to serve a notice period of 15 days on the condition that I will be paid the remaining 45 days' salary at the time of termination.

Please ensure that the process goes smoothly and on time.

Thanks!

Regards, Akanksha Saha

CTO's Response

Akanksha,

Your reference to the joining letter is not relevant. Please note that your termination is a disciplinary action and not a normal termination. The termination notice does not allow for alternative interpretations—OnlineMocks, in this case, is not obligated to pay you for the notice period. Therefore, the question of covering it does not arise.

The notice period of 2 weeks was intended to assist you in seeking opportunities and minimizing any disruptions on your end. A disciplinary action leading to termination typically does not require a notice period.

Let me know if further assistance is needed. If you believe you cannot engage in regular office activities during the remaining notice period, you may choose to remain absent. Your notice period ends on 31st March. Full and final settlement will be done accordingly.

Thank you.

Dear Akanksha,

I understand your situation and the challenges you are facing. Let's walk through your rights and possible courses of action following the termination notice from your employer.

Firstly, it's important to understand that as per the Indian labor laws, a company can terminate an employee by giving a notice period or salary in lieu of it. However, in the case of a disciplinary termination, different rules may apply based on company policy.

🔔 Step 1: Review your employment contract.
- Check the terms and conditions related to termination, notice period, and disciplinary action. If there's a clause that allows the employer to waive off the notice period payment in case of disciplinary action, they might be within their rights to do so.

🔔 Step 2: Understand your company's termination policy.
- Your company's employee handbook or HR policies document should detail the company's procedure for disciplinary actions and termination. Compare this with the process that was followed in your case.

🔔 Step 3: Consult with a labor law expert or lawyer.
- If you feel there has been a violation of your rights, consult with a professional who can guide you on the best course of action.

🔔 Step 4: Communicate your concerns.
- If there is a discrepancy between your employment contract, company policy, and the action taken, communicate this to your HR department or senior management.

🔔 Step 5: Seek help from labor authorities.
- If your concerns are not addressed within the organization, you can approach local labor authorities or the labor court with your grievance.

Remember, it's crucial to maintain professionalism throughout this process to ensure you have the best possible outcomes and to keep your professional reputation intact.

Best of luck!