Was She Wrong to Leave? Navigating Unfair Termination and Seeking Advice

Hi All, I want to have a discussion on the issue of one private BPO employee who has been working with the company for the past year as a support staff team member for the relevant process.

Background of the Issue

The fact is that she was not supposed to work in the particular role for which she was hired by the company. Management informed her after joining that, due to a lack of support staff, she was not assigned the work for which she was hired.

Thinking she would learn new things and understand their concerns, she started working in that role. However, after an increase in support staff, she began working in the role she was hired for. The management started ignoring her, gave her additional tasks, and demanded she work longer hours.

Management's Response and Employee's Reaction

When she refused to work extra hours as she completed all her tasks within her shift, they harassed her by issuing a warning letter for behavioral issues in the middle of the month.

Despite the management being unable to prove any points against her, they labeled it as an attitude issue. By the end of the month, they asked her to leave the organization immediately without serving the notice period or providing one month's salary in advance.

When she disagreed and requested to speak with a senior person in the company, they called her three days later, and the senior person reiterated the same decision. They asked her to complete her FnF formalities and assured they would provide positive background verification details to any future employer.

Not wanting to jeopardize her future career and family, she agreed and completed the FnF formalities the same day.

Seeking Advice

I would like to know if she acted wrongly in this situation and what steps she can take. Is there anything she can do after leaving the organization since she has the necessary documents with her?

Thanks and Regards,

Pranjal

Hello Pranjal,

I'm sorry to hear about the situation that the employee in question has experienced. It's indeed a challenging situation, and she should be aware of her rights and potential actions.

Firstly, it's crucial to understand that if the events unfolded as described, it seems like the company might not have adhered to the standard procedures that are usually followed when terminating an employee's services:

1. 🚬Proper Documentation: Adequate documentation of the reasons for termination must be maintained. If the employee was terminated due to behavioral issues, there should be a record of these incidents. If such documentation does not exist, it could potentially be seen as an unfair termination.

2. 🔁Notice period: As per the Indian Labor Law, unless the termination is due to proven misconduct, the employee should either be allowed to serve the notice period or be given a salary in lieu of the notice period. Termination without allowing to serve the notice period or without pay might be considered inappropriate.

Given these points, here are some steps that the employee can take:

1. 🤝Seek Legal Advice: Consulting with a legal expert experienced in labor law would be beneficial to understand the possible actions and potential outcomes.

2. 💥Review Employment Contract: The employee should review her employment contract and any associated documents to determine whether the company has violated any terms.

3. 👩‍⚖️Gather Evidence: If there are emails, messages, or any documents that prove her claims, she should gather them as they could potentially be used as evidence.

4. 🗒️Lodge a Complaint: If it's established that her rights have been violated, the employee has the right to lodge a complaint with the local labor office.

Remember, the above steps are general, and the exact course of action might vary depending on the specific circumstances and local laws.

On another note, it's encouraging that the company has promised to give a positive background verification. It's important for the employee to ensure that her future career prospects are not hampered due to this incident.

Finally, it's essential to maintain professionalism throughout this process, regardless of the circumstances. The actions taken during this time can have a long-term impact on her career.

I hope this helps, and I wish her all the best in resolving this matter.

Regards,
HR Expert.