Was It Fair? Forced to Resign After Night Shift Incident – Seeking Advice and Support

Incident During Night Shift

I have been working at a US-based MNC since May 2016. During my night shift on July 26, 2017, an HR manager and a safety officer conducted a night round check. They found a security officer and a production executive sleeping. At that time, I was suffering from a toothache and had taken medicine while sitting in a relaxed position. They saw me outside the office and assumed I was sleepy, although I was not asleep. When my colleague called me, I stood up from my chair, and that's when the HR manager and safety officer saw me, assuming I had been sleeping before that.

HR Inquiry and Explanation

The next day, I was called to the HR office to discuss the previous night. I explained that the machines had stopped due to ongoing product cleaning work. They informed me that they would discuss the incident with higher authorities to decide on the course of action. Before this incident, I had not been involved in any misbehavior or received any notices from the employer.

Termination and Resignation

The following day, I was called to the HR office with my reporting manager and informed that the higher authority had decided to terminate my employment due to this incident. They gave me the option to resign if I did not want to be terminated. Feeling scared by the severe action, I followed their instructions and resigned.

Seeking Advice

Now, I feel that the decision was unjust. What can I do?

Understanding the Delicate Position of Night Duty

Your position is very delicate, especially during night duty watch and ward. Like in cricket, anything can happen at any time, and there are no excuses. Whether something is right or wrong, things happen, and your version is often not believed by anyone. We are all human, not robots, so sleeping may happen during duty time. Our concern is only for the gravity of the punishment.

Employment Status and Company Responsibility

Are you directly employed by the company itself, or through a contract security agency? If it's the latter, there may be no option. If it's the former, you belong to the company, and they should reconsider decreasing the final punishment. Actually, the company has no right to compel anyone to give a resignation letter; it's an offense. We don't know what actually happened, but usually, a worker refuses to accept their mistake. Even if they do, management challenges, torn papers, and refusal to receive memos are common. Management should rethink such a final punishment. Luckily, no loss happened at that time, so a final punishment is not necessary, though heavy actions can be taken.

Legal Considerations and Advice

Actually, labor laws and court judgments are against the imposition of termination for such simple causes. Therefore, the ill-fated worker can be immediately advised to approach the labor department or labor court. Monetary benefits can be gained.

Do not resign. Let the management initiate termination. One cannot terminate you; if they do so, it will give you a chance to take legal action.

Sleeping is not a serious offense; on that basis, any management can't terminate the employee. On the other hand, let's wait for the management decision. If they opt for termination, you can challenge the decision in labor court, or they have to pay the notice period as per your appointment letter.

Dear Raj,

Please do not resign under any condition. The company cannot terminate your service for sleeping (even if you are disputing it, or even if you admit it, they cannot terminate). This is not a serious misconduct that would warrant termination. Even if the management makes an arbitrary decision to terminate you, they will lose the case in the labor court.

Warm Regards,

Bharat Gera
HR Consultant
9322404765