How could be the process if i want to terminate the employee due to his behavior and work.

Hello,

As I am an HR professional, one of my employees is behaving very poorly towards the company and their work. I would like them to resign instead of being terminated from our side. However, the employee is insisting that their salary be cleared and their experience and relieving documents be provided first.

Can you please provide me with a solution on how to handle this situation?

Hi,

Direct termination is not advisable.

You claim you face behavioral and attitude issues with the employee. Have any counseling, verbal, or written warnings already been given to that employee? In the absence of the same, you can't just show them the exit door like that. Encourage him to resign. Explain to him that termination would spoil his career. Assure him that proper relieving along with full and final settlement will be provided. Get the resignation letter and close the file.

If the employee misbehaves, it would be probationary, and termination would not be a significant issue. Allegedly, this is not the case. So, you should proceed with the legal procedure against misconduct.

Hi, Termination is not advisable if the employee is in the worker category.

If the employee is in the staff category, you counsel and ask him to voluntarily resign from the job. If the employee is in the worker category, you proceed with legal proceedings like a Show Cause Notice.

Direct termination is not advisable.

Thanks,
Azhaharasan V
AM - HR & IR

Dear Alice,

Handling situations where an employee is exhibiting inappropriate behavior can be challenging, but it's important to address the issue professionally and in accordance with company policies. Here's a suggested approach to navigate this situation:

Document the Behavior:
Begin by documenting the specific instances of inappropriate behavior. Include dates, times, locations, and details of each incident. This documentation will be important if the situation escalates or if you need to justify any actions taken.

Review Company Policies:
Familiarize yourself with your company's policies regarding inappropriate behavior, disciplinary actions, and termination procedures. Ensure that you are following the correct procedures and that your actions align with company guidelines.

Conduct a Formal Meeting:
Schedule a formal meeting with the employee to discuss their behavior. Clearly outline the concerns, referring to the documented incidents. Allow the employee to provide their perspective on the matter.

Communicate Consequences:
Clearly communicate the consequences of the inappropriate behavior, emphasizing that such conduct is not acceptable in the workplace. Discuss the potential outcomes if the behavior continues, including the possibility of termination.

Offer a Resignation Option:
Express your concern about the impact of their behavior on the team and the company. If you believe it's appropriate, you can suggest that resigning may be in the best interest of both parties. Be tactful and professional in your approach.

Address Salary and Documents:
If the employee agrees to resign, discuss the logistics of their departure. Assure them that you will provide the necessary documents, including experience and relieving letters, and that their salary will be processed according to the company's standard procedures.

Negotiate Terms if Necessary:
If the employee insists on certain terms, such as receiving their salary upfront, be open to negotiation within the bounds of company policies. However, ensure that any negotiated terms are fair and do not compromise the company's integrity or legal obligations.

Obtain a Signed Agreement:
If an agreement is reached, document the terms in a written agreement. Have both parties sign the agreement to ensure clarity and avoid misunderstandings in the future.

Follow Up in Writing:
After the meeting, send a follow-up email summarizing the key points discussed, any agreed-upon terms, and the next steps in the process.

Consult Legal or HR Advisors:
If the situation becomes more complex or if there are legal implications, it may be advisable to consult with legal or HR professionals for guidance. To handle the situation with empathy and professionalism, ensuring that the resolution is fair and in line with company policies.

Regards

Terminating an employee is a serious and sensitive matter that should be handled with care and in compliance with relevant employment laws and company policies. Here is a general guide on the process:

Document Performance and Behavior Issues: Keep a record of specific instances of performance or behavior issues. This documentation will be important in case the termination decision is questioned.

Review Employment Contract and Company Policies: Ensure that you are familiar with the terms of the employee's contract and any relevant company policies. Adhering to these documents is crucial for a lawful termination.

Consult HR: Before making any decisions, consult with your Human Resources (HR) department. They can provide guidance on the appropriate steps to take, ensure legal compliance, and help with any necessary paperwork.

Provide Feedback and Set Expectations: If appropriate, provide feedback to the employee on their performance or behavior. Clearly communicate expectations and discuss ways for improvement. This might involve a performance improvement plan (PIP) if applicable.

Follow Company Procedures: Many companies have specific procedures for employee termination. Follow these procedures carefully to avoid legal complications.

Prepare Termination Meeting: Schedule a private meeting with the employee to discuss the termination. This meeting should be held in a quiet and confidential space.

Communicate Clearly: During the meeting, be clear and concise about the reasons for termination. Focus on specific examples and avoid personal attacks. Offer the employee an opportunity to ask questions.

Handle Logistics: Address logistical issues such as the return of company property, final paycheck, benefits, and any other relevant matters.

Security and IT Concerns: If there are security or IT concerns, coordinate with relevant departments to ensure a smooth transition and secure access to company resources.

Inform Other Employees: Depending on company policy, you may need to inform other employees about the departure. Be mindful of privacy and confidentiality.

Complete Paperwork: Complete any necessary paperwork related to the termination, including documentation for HR records and unemployment benefits if applicable.

Offer Support: If your company has resources available, offer support services such as counseling or assistance in finding a new job.

Remember, employment laws can vary significantly by location, so it's crucial to consult with HR or legal professionals to ensure that you are following the appropriate procedures and complying with local regulations. Always approach terminations with empathy and professionalism.

Dear friend,

You asked the employee to resign from his end to avoid termination and assured him that management would clear as per the norms. As per the rules, the employer needs to settle the account within 48 hours of the employee's resignation.

If the employee doesn't want to resign from his end, you terminate him with notice to resolve the issue.

What your employee has offered is apparently the best compromise. Give him his salary cheque and documents across the table with his resignation. Clear and simple.

Dear A. Saifi,

Don't be in a hurry. Follow all the above procedures as suggested. Ensure the safety of the management as well as fair and legally sound resolutions with employees to avoid unwarranted litigations, if any, to which workers/unions normally resort in such cases. Your documents and the fair chances given in the past play a very important role. Ensure this.

Thanks,

Ram K. Navaratna HR Resonance