Was I Wrongfully Terminated? Seeking Advice on Unfair Dismissal During Probation

Dear Experts, I need your kind and urgent help. I was terminated illegally and unethically by my company in the 4th month of my tenure. The probation period is 6 months. They terminated me verbally after conducting an internal skill assessment test. During the exam, one of my juniors shared her file for checking. Coincidentally, one graph figure and one misspelling were identical to those in my junior's file. Based on this, the company found me guilty of copying and terminated my employment.

They did not provide any notice, warning, or a termination letter stating the reason for my dismissal.

Please advise me on the steps I should take to either restore my employment or seek compensation.

Thank you.

Dear friend,

What has happened to you is quite unfortunate. However, at this stage, you may submit an application for a review of the company's decision. Address it to the highest authority that heads the business unit. Please clarify your position and request reinstatement. If they remain adamant, we will advise you on the next steps.

Thanks,
Dinesh Divekar

Appealing Your Termination

Please try to put in an appeal stating that you were surprised that your services were terminated abruptly and without any given reason. If they provide a written explanation, try to proceed from there; otherwise, review your employment terms regarding the termination clause, including the notice period, if any, during the probation period. Avoid confronting your management at this stage, as it may only hasten the entire process. Instead, try to uncover the 'real' issue behind the verbal communication of your service termination. Who informed you of your termination, and what is their position? Refrain from jumping to conclusions at this early stage; allow things to settle down, seek an explanation, and present your arguments, which, if the management is genuinely interested in your continuation, they may consider.

Termination cannot be verbal.

Put up an application giving your side of the case and seek clarifications.

Further steps can be considered upon receipt of a reply or in case of no reply as well.

Dear all,

I have sent an email and 3 reminders subsequently. I have been terminated in the month of Feb 2018. I do not have any of the official mails and chats to support. Though I have made my case As Is mode basis. It was clearly in good faith to just check the methodology and in no intention. Please guide me on what shall be my appropriate next step. Will my case stand strong if I opt for a legal option or in labor court? I am based in Bangalore.

Thanks

Understanding the Probation Clause

Please read the probation clause in your appointment. Most likely, it would provide for the termination of service for unsatisfactory performance during the probation period without disclosing the reason. Since you have only completed four months of service, you do not have the right to challenge the action. The management's decision in this situation cannot be seen as completely unjustified. When such occurrences draw attention, strict action is necessary. This action is not only to discipline you but also to serve as a warning to others about the consequences of such behavior.

Termination of Service During Probation

Termination of service is governed by the conditions stated in your appointment letter. Usually, it is without assigning any reasons and with or without notice by either side. Regardless of whether your termination is caused by alleged misbehavior or not, the employer can resort to simple termination during the probation period in terms of the appointment letter. However, the order of termination cannot be verbal and has to be in writing.

You have completed four months of service. In my view, unless you receive a positive response to your representation, and in the absence of the same, you have the patience to pursue the matter legally, it is better to look for another job.

Regards,
Vinayak Nagarkar
HR Consultant.

Dear Experts, thank you for your valuable insights. However, my point of apprehension is regarding the terms of the appointment letter. While I oblige the terms, the company also needs to adhere to its own policy. The internal exam exempts managers/managerial positions from writing the exam. However, the HR verbally communicated that the rule has been changed and will be updated in the manual shortly. I took the exam in good faith, although the coincidence was a separate issue.

I hope to receive some thoughts or opinions regarding the same. I am looking for another job, but I am concerned about how to justify the almost 6-month gap to my prospective employer. The company should take responsibility for its actions.

Thank you.

Managerial Termination Concerns

You are disclosing information for the first time that you were working as a Manager and that the test was not meant for you, and you appeared in good faith. It appears both sides have faulted—the company by verbally terminating you and requiring you to take the test when it was not yet provided in the Manual, and you were found copying (whether true or false, I don't know). There is no labor law protection for the managerial category, so your option is to appeal to the decision-maker's good sense or explore the possibility of a civil suit.

Regards, Vinayak Nagarkar HR Consultant

Nothing much is going to be gained by civil suits. Move on and look for another job.

The time and money you spend on a lawyer are better devoted to looking for another job and learning additional skills. There is no guarantee of a positive result from civil court within a reasonable time.