Can My Husband Be Terminated After Resigning? Urgent Help Needed with HR Issues

Performance Improvement Plan and Employment Concerns

My husband is working with a reputable organization. He has 11 years of experience, was a good performer, and achieved his targets. In approximately December, he received an email regarding a PIP (Performance Improvement Plan) and was told to improve his performance. He agreed to this; in his last organization, he was a Branch Manager and handled a team of 15-20 employees.

During the hiring process, he was informed that he would have a team and manage the Ulhasnagar location. However, upon joining, he was transferred to Thane. After six months, he was transferred to Ulhasnagar without any prior notice. Due to family responsibilities and concerns about his CV, he did not resign. He requested additional manpower, which was denied by his supervisor and superiors.

Since the initial email in December about the PIP, there has been no documentation or discussion from HR. They have not been responsive to calls. On March 7th, during a conference call, they asked him to resign or face termination. He chose to resign the same day. However, on March 27th, HR again contacted him, pressuring him to change the notice period from June 3rd to March 31st in the system. She wants him to send an email agreeing to this. Despite his personal circumstances, including family liabilities and health concerns, they are insisting on this change.

He is currently unemployed, and HR is threatening termination if he does not comply. Is termination possible after an employee has resigned? What can be done in this situation? Your help and suggestions are greatly appreciated as only three days remain. Thank you for your assistance.

Kind regards,
Garima

Read more at: https://www.citehr.com/597467-termin...ml#post2387712

Though this is your side of the story, the manipulative tactics of the HR in unholy unison with the CEO of the organization indicate that the position held by your husband has become redundant, and hence they've already made up their mind to get rid of him at any cost. From your narration, it seems that your husband is not a workman seeking remedy under the Labor Laws. It is also not clear whether his overall experience of 11 years pertains to this particular company. Whatever it may be, while the incidents narrated show the management's schematic approach to send him out, it's evident that your husband miserably failed to realize the gravity of the situation and take necessary alternative steps. The lady HR's insistence on revising the effective date of resignation is quite unprofessional. When there is no guarantee of the waiver of the notice period by the management, there is no necessity for the individual to stoop down any more. Therefore, let him write back courteously to the management that he can consider revising the effective date of his resignation as per their oral request only in the case of written communication of the waiver of the notice period by the management. Otherwise, he has to attend to his duties as usual until the expiry of the notice period. They may resort to indignance, but they cannot terminate an employee when he has already submitted his resignation with due notice.

Kind regards

No company has the right to terminate any employee without providing a proper reason. If your husband was on a PIP, they should have shared revised roles and responsibilities. Upon confirmation and at regular intervals, the reporting manager or HR would communicate regarding his performance. If unsatisfactory, they may terminate the employee or request him to resign. They need to have proper documentation to proceed with termination. Regardless of non-performance, the employer is required to pay a severance package.

Check his appointment letter for the termination of employment clause. What is the notice period? If they do not want an employee to serve a notice period, they will have to pay the salary for that period.

My assumption is that the company is asking to pre-date the resignation to avoid severance pay. Ask your husband to talk to HR and try to resolve the issue amicably.

Discussion with the HoD (HR)

What you have mentioned is correct. They are pressuring him, and we have decided to talk to the HoD (HR) in this regard. All his supervisors say it is incorrect, but no one is ready to confront and support us, except they are providing numbers and email IDs.

Yes, they want him to do the same as you mentioned in your suggestions. The company is asking to pre-date the resignation to avoid the severance pay. The notice period is three months. The date of relieving is June 3rd, which is captured in the system. However, they want him to send an email stating that his last working date is March 31st, and he is ready for a waiver. This way, they are not obliged to pay anything to him and can get rid of him.

Lack of HR Support

The HR is not ready to talk to him. She didn't even come forward to initiate the discussion regarding PIP or separation. No proper documentation has been done. Only one single mail as an order, that is it. Everything was verbal.

On March 6th, she called and said, "You resign, or else we terminate you." He resigned politely. She didn't even ask the reason, no discussion was done, never was any voice discussed. She has not shown her face in all these years. He didn't leave the organization initially because his career would go off course. Stability matters.

In his last organization (bank), he was there for five years and was promoted as a salesperson. His rapport is very good. It's not that he is my husband, but he has earned all these appreciations. I was also an HR in a reputed bank and have never seen this kind of behavior from HR. No ethics, nothing. HR is meant to be true.

What else can be done if they do not listen?

Regards, Garima

Emotional Approach and Legal Considerations

An emotional approach will not help, and acting under emotional stress is worse. The company wants your husband out, and they want to keep their paperwork safe, legal, and put the blame on the employee. The employee is on a PIP and has resigned, which we have accepted. Therefore, dealing with the matter in a calm fashion and in writing only is crucial to leave a documentary trail.

"On March 7th, she called a conference with his boss and said, 'You resign, or we will terminate you.' My husband decided to resign and submitted his resignation on the same day. However, on March 27th, she called another conference with the higher boss and persuaded my husband to change the date of the notice period in the system from June 3rd to March 31st."

Resignation Date and Severance Pay

What date did your husband put for resignation? Do not agree to predate the resignation in any way. He has been removed unceremoniously; at the very least, insist on severance pay. Some employers are so stingy and penny-pinching that they ill-treat employees for just a few thousand. Do not beat around the bush or succumb to any pressures.

Dear Nathrao, he was told to resign on 5th March 2018. He resigned because the system they follow is not as per policy. He discussed it with me, and I advised him to move ahead and resign. Now, they are pressuring him by saying, "We will provide you with a basic salary of 2 months, and you have to adjust." Otherwise, they threaten to lock his system and all.

I told him to discuss the organization's policies, particularly regarding PIP, as their definition of PIP differs from what they have done. The HR response was that they have completed all the legal documentation against him initially and have given intimation as well. Everything is verbal.

Please suggest and share more ideas on how to deal with them.

Regards,
Garima