How Do I Handle F & F Settlement When an Employee Refuses to Resign?

Dear Sir,

I need your help in the matter of F & F settlement of an employee. Since management asked the employee to resign as performance is not up to the management satisfaction level. I called the employee and asked him to resign. Despite giving the option to resign, he refused and denied submitting the resignation.

Now, as an HR professional, how can I settle his full and final? It is mandatory to file the resignation letter in the personal file, but he is not willing to write it.

Please assist me in resolving this matter.

Regards, Sunil Singhal

Hi Sunil,

I suggest that you issue him a termination letter if he has already been briefed about his performance, and management has decided to terminate his services. In my understanding, an employee is typically asked to resign from the company due to poor performance rather than being issued a termination letter. A termination letter could potentially harm his future career prospects. If he resigns and receives a resignation acceptance or relieving letter from HR, he can present it as a normal exit procedure to future employers. Therefore, it would be better for him to submit a resignation letter.

I hope this explanation makes sense to you.

Thanks and Regards,
Indrani Chakraborty

Dear [Recipient],

If he is a permanent employee and you terminate him on grounds of performance or impugning his conduct, if he challenges you, you will be in a legal soup. In such a challenge, you will have to conduct an enquiry and go by the report of the Enquiry Officer.

With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net

Dear Mr. Sunil,

If he is a permanent employee and you terminate him on grounds of performance or impugning his conduct, if he challenges you, you will be in a legal soup. In such a challenge, you will have to conduct an enquiry and go by the report of the Enquiry Officer.

With Regards,
V. Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No. 27, Ist Floor, Singapore Plaza,
No. 164, Linghi Chetty Street,
Chennai - 600 001.
Email: rajanassociateseth.net
Office: 044-42620864, 044-65874684,
Mobile: 98401 42164.

Dear Mr. Rajan,

Thank you for your valuable comments.

Thanks and Regards,
Indrani Chakraborty

I am totally satisfied with the statement of Indrani, but there are a few matters to be solved:

1. The termination order to an employee (in this case) will negatively affect the company, and as an HR professional, the particular person will be liable for certain court proceedings. In my point of view, this particular employee is willing to delay the resignation letter, so if the company terminates him, he can claim certain benefits from the company as per laws. Even if the final verdict is against him, he can create a bad impression among the public. In my opinion, it is best to relieve him in mutual understanding.

Regards, Linnan

If the employee is reluctant to resign, then you can cut down on all the benefits, stop giving him any work. This will automatically make him leave the organization. This approach depends on the size and standard of the organization. If you have a proper process and procedure in place, it will not be a hassle to close this task. However, if it is a small organization, it can be a little tedious process. Regardless, the organization must eliminate underperforming employees, or it will pose a problem for its development.

Proceed by bringing the employee, his manager, and performance data together. Have the manager engage in an open conversation with the team member. Following that, the manager should leave the room to allow the employee to provide feedback. Afterward, inform the employee firmly of the decision taken by the organization. Say, "Boss, you are relieved from the organization due to poor performance. Please submit your resignation and for your goodwill, we will arrange a proper send-off with all necessary paperwork."

Regards, Raj

Hi all,

From a legal point of view, the company just cannot issue a termination letter on its whim (refer to my article 'Termination Legalities' for details). It is best to reach an amicable solution to this issue by coaxing the employee to resign.

Regards,
Brandon

Hi,

Before initiating the termination of service, the employee must be given sufficient opportunities to correct himself/defend his case. The employee should be provided with notice for poor performance or deficiencies in performance, and their response should be requested. The performance appraisal forms of the concerned employee can also serve as the basis for disciplinary action.

If there is a genuine interest in helping the employee improve, counseling and training can be provided to address any shortcomings.

By taking these precautions, it will be beneficial for us when defending our actions in court, if necessary.

Thanks & Regards,

Kalyan R