Fired During Probation: Do I Really Have to Pay the Bond Amount for Misconduct?

Termination During Probation Period

I was verbally fired on the spot for not abiding by the company's policy, which was considered misconduct. I was in my probation period when this happened. I didn't receive a written termination letter, and when I asked for it, the company demanded that I pay the bond amount and training expenses. They threatened to take action if I didn't comply. My bond period was for one year, and I had worked at the company for three weeks before being fired. The bond agreement states that if I resign during the bond period, I have to pay the bond amount but doesn't specify that I must pay if the company fires me.

I did not initiate the termination in any way. Am I liable to pay the amount? Is there a law that states if you are fired for misconduct, you have to pay the bond amount? What should I do?

Termination During Probation Period

When a probationer's conduct, in the opinion of the employer, does not align with the organization's policy, the employer can choose to discharge the employee through discharge simpliciter. However, if the employer orally terminates the probationer and asks them to resign to conceal their own unlawful act while attempting to recover the bond amount and training costs, it is entirely illegal.

When an employer denies an employee entry into the workplace, it constitutes illegal termination. In such cases, the employer has no legal standing to demand the bond amount or reimbursement of training costs from the orally terminated employee. It is likely that these actions are not documented. Therefore, the employee can write a detailed representation to the employer, politely presenting all these points.

Please check the terms and conditions of your Bond/Training Agreement. There might be a clause in the bond which states, "During the period of training/bond, the employee shall not leave, resign, or give cause to the Company for terminating his services. In the event of the employee leaving, resigning, or in any manner giving cause to terminate his services, the employee shall be liable to pay the aforementioned liquidated damages."

Your employer may be using this point to ask you to pay compensation. However, it is still not valid as they have not framed any charges against you for misconduct, and they are supposed to follow the process. It is just an act of threat. Please talk to your HR and explain.

Admittedly, the employer has sought the bond amount only when you requested the termination letter. Why do you require it when you have only worked for three weeks? Forget this as a small speck and move on with your life.