Facing Employee Misconduct: How Do I Properly Handle Termination Procedures?

Hi all,

We are facing some trouble with a few of our employees, and we wish to terminate them due to gross misconduct. Can anybody suggest to me on how to execute the termination process? Also, I need the format for the same at the earliest. Please help me out as soon as possible.

Regards,
Padam

Hi,

As per the company policy, the company has to provide warning letters before terminating an employee's services. However, it depends on the circumstances and is at the sole discretion of the management.

If an employee has done something warranting a warning letter, please ensure to provide them with one to be on the safer side.

However, if the misconduct is serious, the company can issue a termination letter. But do not forget to clearly state the cause of termination, on what basis the letter is being issued.

Please feel free to ask for further clarifications.

Looking forward to other's feedback.

Deepshikha

Hi Deepshikha,

Thank you for your reply. This is a very serious concern for the management, and we are unsure of the safest way to dismiss these underperforming employees. They have misbehaved with the entire management, from immediate bosses to the head of the operations department, as well as with HR, and have attempted to threaten the company. What is your recommendation on how to proceed in this situation? I am eagerly awaiting your advice.

Regards,
Padam

Hi,

It's important that the appointment letter you have issued to these employees includes a clause regarding gross misconduct. Termination without any notice in the case of gross misconduct is inevitable.

Call them for a meeting. Please read out this clause in the Appointment Letters to the employees to be terminated and ensure they sign for acceptance, keeping a copy in their employee records.

If you stick to the procedure, you will be tension-free.

Please keep in mind that this should be well-informed, justified, and supported by most of the other employees; otherwise, there could be huge demotivation and resentment that could lead to further attrition.

Though I am attaching a simple termination letter for use, please make necessary additions and remember to do it after weighing all the risks.

Letter of Termination

Name

Position

Grade/Employee #

We would like to bring to your notice that, as per our observation and the information acquired from your Line Manager, your services will be terminated effective 31/01/2007, and your appointment stands void due to various reasons:

1) Not adhering to the timings of your work/Misconduct/Pronabity

2) Taking unnecessary breaks during work

3) Not able to maintain the discipline of the team

4) Not able to retain the new recruits (trainees)

5) Complaints from the trainees about inappropriate language used in the workplace (Include as many reasons as possible to strengthen your decision).

Your behavior falls below management expectations.

With no other choice, we are hereby bound to terminate your services.

You are required to accept this letter as your termination from your services with immediate discontinuation of your job.

The settlement of dues in your case will be done as per the company's policy.

Yours faithfully,

For XYZ PVT. LTD

Acceptance Signature

Authorized Signatory Date:

Have you defined Code of Conduct in any written manual or employee handbook provided to them? If so, then you must have mentioned that non-compliance with any of those rules would lead to disciplinary action procedures. The disciplinary action procedure is completely at the discretion of the management.

Please clarify the industry. Are we discussing the BPO scenario? This sounds serious!

Hi Padam,

Thank you, Sireesha, for the input you have given me. Yes, we are talking in a BPO scenario. We are a startup BPO company, and the said employees are newly hired probationers. Though they have not been given offer letters so far but the letter of intent. The LOI doesn't say anything about misconduct. Furthermore, they have not submitted their credentials yet, even after being asked many times. It is mentioned in the LOI that their offer of employment is subject to completing all the joining formalities, including the submission of all credentials. Can we use this as leverage? Please clarify and provide me with some more suggestions.

Padam

Hi Padam,

Greetings,

In the LOI, you mentioned that their offer of employment is subject to their completing all the joining formalities; then there is no need to worry about termination. Just ask them to "go back" as you have not submitted your required documents till today. The Management has decided to terminate you with immediate effect.

Cheers and do not worry, go ahead.

Thanks,
Ajay Sharma

Dear,

Since they are probationers, you can terminate them with notice pay. The best solution is to terminate them with notice pay one by one, with a space of 15 days in between. When you have the right to terminate, it is better not to make any imputation on their conduct or job as you might get into a legal problem. If they operate as a group, seek local specialist advice.

With Regards,

V. Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No. 27, 1st Floor, Singapore Plaza,
No. 164, Linghi Chetty Street,
Chennai - 600 001.
E-mail: rajanassociates@eth.net
Off: 044-42620864, 044-65874684
Mobile: 98401 42164.

Hi Padam,

As earlier, I have suggested issuing him warning letters. I was not aware that he is still under his probation period. If the appointment letter is not issued, you can simply ask him to leave for so many reasons:
1) Non-Performance
2) Misbehavior with the entire management team
3) Incomplete documents
Only based on the LOI, he cannot take legal steps. Do not worry, just chill.

For future reference, the "employee handbook" option is good. Keep this suggestion in front of the management.

Your reply is awaited.

Deepshikha

Dear Friend,

Have you got any policy regarding termination in your company? If not, you can easily establish one. My suggestion would be to work on a proper policy for handling misconduct and subsequently, termination. Implementing this will streamline the process.

I would also recommend hiring a temporary LLB or a person related to Law who can assist in designing formats for various types of terminations.

Last but not least, termination should be preceded by two written warnings. The first is a simpler one, known as a "Show Cause Notice," which provides an employee with an opportunity to explain why the misconduct occurred. The second is a reprimand, which can either be a stern warning leading to termination or, in severe cases, immediate termination if the employee fails to justify their actions.

Thank you.

Dear Akbar,

Greetings,

I appreciate your suggestion, and I do agree with you, but it is for permanent employees. In the case of probationers, notice is not required, and they can be terminated without notice or with just one day's notice on the grounds of probation.

Thank you,
Ajay Sharma

Hi All!

Great thanks to all of you for letting me know your views and guiding me to handle this situation. We have issued them two warnings, and they have not replied to any one. Also, we have deployed an investigation team to back up and reconfirm all the facts attached thereto. Now, I think we have the choice to terminate them easily, that too without a fear of getting into any further legal trouble.

Further, can you please confirm one thing: if a virtual termination would serve our purpose, or it has to be on paper mailed to them? Thanks, Peer Sahab, for providing the link. It's really useful. Thanks to Deepshikha, Ajay, Rajan, and everybody else for contributing their suggestions.

Regards,
Padam

You mentioned they are on probation, as one of our members had replied there is no issue. Give them a notice period of 15 days and provide them with the termination letter.

Deepthi.j

I have a senior employee who has joined but has not submitted any documents until now. I have verbally told him several times. I have forgotten to keep track as we have so many joining regularly that his case completely slipped off. Now after 5 months, I have once again remembered and now put it in writing. He is still not serious and says, "I'll do it." What action can be taken? I don't think we can terminate him as he holds an important position. Please help.

You can terminate their services as they have not fulfilled their joining formalities.

Secondly, you need not confirm their appointment or extend their probation period.

Dear,

You cannot terminate someone's services without giving them the opportunity to explain and defend themselves. If you believe someone has committed serious misconduct, issue them a charge sheet and request a written explanation. If you are not satisfied with their explanation, you must order a domestic enquiry conducted in accordance with the principles of natural justice. If they are found guilty in the enquiry, issue a second show cause notice asking why their services should not be terminated, and then issue a termination letter.

Termination is not a simple process; it involves a typical procedure.

Thank you.
J. S. Malik