Management fired one employee without notice due to poor performance - Will this in any case backfire on us?

In my current organization, management fired one employee without notice due to poor performance. Prior to this, she had been with us for a year, and her performance was initially good. She was leading a team of two, but her performance gradually declined. She started reporting to her subordinate, and she also received two oral warnings from management. Despite her desire to resign, management asked her to leave immediately after submitting the assets.

1. Is it suitable?
2. Can we send her the letter of termination?
3. Will this, in any case, backfire on us?

Also, could anyone assist me with the letter or give me a general idea of how to format a termination letter for her?

Hi,

Primarily, she could have been given the opportunity to resign, even when she herself expressed interest in submitting her resignation, which would have safeguarded the interests of the organization without any legal hassles. It would also be beneficial for the employee to apply for future jobs with a proper relieving letter.

You have not mentioned whether the employee was on probation, confirmed, or on a fixed contract term. Whatever the nature of employment may be, the employee should have been given a specific time frame (even though an oral warning was given), and asking her to leave all of a sudden is not a fair HR practice.

Now, after advising her to leave the office, you are analyzing whether she can be terminated, whether it is right, and what implications there may be, whereas it should be the other way around.

If you are planning for termination, you should have strong supporting evidence of her deteriorating performance, which had affected the company's performance. Even in that case, your company is supposed to provide one month's notice pay or one month's notice, depending on the terms and conditions of the employment mutually agreed between the company and the employee.

I would suggest you collect the resignation letter and close it amicably, which would be beneficial to both parties concerned.

Thank you for the update.

The issue here is that the candidate is not comfortable with resigning. She wants us to send an email. So, should we send a mutual termination of employment or a termination based on performance?

Hi,

In that case, you should opt for a proper termination letter through RPAD, quoting the previous warning issued. You need to substantiate that despite sufficient opportunities provided, she has failed to improve, and having no other option, termination is being issued. You should also be ready to face allegations from her end, like principles of natural justice not being followed in her termination, for which you should have strong documentary evidence. She might or might not, but be prepared.

Termination on the basis of poor performance entails a stigma. It is a legal necessity that in such cases, due process as mandated by principles of natural justice ought to have been followed.

Hi,

As per the details provided by you, the facts of the case are as follows:

1. The employee in question has been on the company's payroll for a year and working for a year.
2. She had two reportees.
3. Initially, her performance was good, but it deteriorated later.
4. The management gave her two opportunities to improve by orally warning her.
5. Despite the opportunities, she failed to improve, and hence the management asked her to leave.
6. The management took the above decision even though she was ready to resign.

Your queries in your first post are as follows:

(a) Is it suitable?

Your question is unclear. However, if you meant to ask whether the decision to terminate the employee is proportionate to the misconduct committed by her,

The answer is yes. But, the following conditions should be met:

1. The employee should be given an opportunity to show cause.
2. A fair inquiry should be held, through which the charges of poor performance were proved.

(b) Can we send her the letter of termination?

Your question is unclear. However, if you meant to ask whether a termination letter can be sent to her as she has already asked to go home,

The answer is no. Merely sending a termination letter without holding an inquiry into the specific charge is not justifiable under the law.

(c) Will this, in any case, backfire on us?

The answer is Yes, of course. If she files a suit before the Court.

The issues with your case are as follows:

1. Her tenure at your company is just a year, during which her performance was good in the initial days [ It appears that in the instant case, it is quite difficult to prove poor performance ]
2. No inquiry has been conducted to prove her poor performance.
3. No opportunities were given to improve (oral warnings are not helpful).

In your second post, your concern was a dilemma between:

1. Termination as a disciplinary action or
2. Termination of the contract with mutual understanding.

As an HR professional, I recommend you go with option (2) first. If she fails to agree, then follow option (1) by following due procedure.

What is the procedure?
1. Issue a formal charge sheet cum show cause notice and seek her explanation.
2. If she accepts, close the case through a speaking order (you can terminate also).
3. If she denies, initiate an inquiry.
4. During the inquiry, give a fair and enough opportunity to defend. If the charges are proved,
5. Issue the second show cause notice and seek her explanation to the report.
6. Based on the report and her explanation, close the case with a termination order.

I hope the above suggestions help you to take appropriate action.

Regards,
DaRaSri