Facing Job Termination at 49: How Can I Navigate Office Politics and Legal Options?

Hi, I am working in one of the reputed group companies as a Manager for 18 months. The company has a lot of politics for power, and I have become a victim of the game. I have been sidelined from my responsibilities a few days ago. I am also getting indications that I may face termination.

As per the appointment letter, the company can terminate my services by giving three months' basic salary (not gross), which is very less. I feel it will be difficult for me to find a job immediately since I am 49 years old now.

Though the company belongs to a reputed group, there are a lot of lapses in processes, including appraisals. The current cycle's appraisal hasn't even been discussed with me.

I would appreciate it if someone could guide me on how to handle the situation. Can I go to the labor department/court, or do you have any other suggestions?

What is your role in your current assignment? What are your basic job responsibilities? If you are designated as a manager, how many people are reporting to you? What role do you play with your subordinates? Answering these questions will help you invite a few suggestions to handle the situation.

Thank you for your response, Mr. Khan. Let me share some details.

There is a team of 20 individuals who report to me. Within this team, there are 2 team leads, and the remaining members consist of a mix of fixed-term employees and outsourced personnel. My primary responsibility involves overseeing customer support operations with the aforementioned team. This entails managing a domestic process in addition to handling help desk operations.

Dear Atul, If the company is giving you indications that you are going to be terminated, then I suggest you start looking for a job outside immediately, as you will require time to get one. Secondly, if the company has a lot of political power, then even going to the labor department will not help, as they can exercise their power there too. Also, the legal procedure will take a long time to conclude, and that will also hinder your prospects of landing a job.

Thirdly, before it comes to a shove, speak with the top management and try to convert the termination into a resignation. You can serve a 3-month notice period, by which time you can get a job. Now, coming to your query, you can go to the labor inspector, but not much will come out of it. Also, it is one of the management practices (a bad one) to give basic salary as a notice period to reduce costs. You can challenge that, but the result will be paying you gross salary for 3 months.

It is illegal to remove a person without reasons, but that will still not stop the company. It will create evidence that will lead to justifications for termination. Some companies opt for these measures. If you want to challenge that, you can, but be sure that landing a job post that will be difficult, as many do not want a person who challenges a system (a hard bitter truth). The fight will be a long one and a costly affair. Be mentally, physically, and financially ready for the same.

So, I sincerely urge you to contact your placement consultants and float your resume in the market.

Regards,

Dear Atul, it is my suggestion to keep a cool mind and heart to face this hard situation. First of all, you need to look for a new job instantly, whether through any known source, friends, or placement agencies.

Things do not always happen as indicated. It is better to contact someone whom you know well and trust within your organization because not everyone is bad in any organization. If the indication of termination is true, then resigning beforehand is the only solution to avert termination.

You cannot go to the labor department immediately unless a letter is issued from your organization challenging the order. Legal proceedings are time-consuming, and the result may not meet your expectations. If you choose the legal path, you may have to remain unemployed until a verdict is reached. It's up to you to decide on the best course of action; seek advice from your family members.

Removing an employee without reasons is unjustified and illegal. One should fight against injustice, but doing so requires a lot of courage. Immediate rehabilitation is often the best course of action.

Dear Ashutosh & Prabhat,

Thank you for your reply. Certainly, I will have to think properly to avoid any hasty decision. I appreciate your advice.

One more question for you, as you both belong to HR. How will the market view a break in employment if I don't secure a new job before leaving my current company?

Additionally, if I choose to resign on my own, can I still request my gratuity even though I have only completed 18 months of service?

Dear Atul,

How the break will be treated depends on how you phrase it. Any negatives for the old company may not yield the desired result. So, word it tactfully, conveying the truth without including any negatives.

Secondly, gratuity is only applicable after 5 years of service, so you are not eligible after 18 months.

Regards,

Dear Atul,

You are not a workman under the ID Act. Therefore, you are not likely to get the relief through the Labour office. You may get relief in civil court, but as rightly suggested by friends above, any legal proceeding is time-consuming, and it may adversely affect your future prospects. In my view, too, looking for a new job will be the best option.