Navigating Employee Termination: How to Handle Performance-Based Dismissals When Resignation Isn't an Option

Dear Professionals,

I have the following queries:

1. Can we terminate an employee on performance grounds if he doesn't wish to resign from the services of the company even after being counseled on his performance issues?

2. What should the letter state if we have to terminate him on performance grounds, considering that he is not resigning even after being told to do so? (Sample letter templates shall be helpful.)

3. In general, how can this issue be dealt with smartly with both the parties being separated with mutual understanding and a healthy way?

4. Does termination on performance grounds stand as a justifiable reason in the court of law if the issue takes a legal turn from the employee's side?

Awaiting your valuable responses.

Regards,
Jigar

Mr. Name
Emp ID - ID

Dear Mr. Name,

This is with reference to the letter issued to you for joining our training batch on <date>.

Upon evaluation of your performance during the training period, we found that you have not shown adequate progress and have scored less than the expected marks in the assessment tests. The company, as per the clause given in your letter, reserves its right to cancel your selection as a <designation>.

We regret to inform you that we do not require your services effective from <date>.

Wishing you good luck in your future endeavors!

Yours sincerely,
HR Manager

Hi,

Sample Letter of Termination of Employee on Performance Grounds

Mr. Ravishankar V.
C-13, Bhatia Gardens
Manapakkam
Chennai-600116

Dear Mr. Ravishankar V.,

This is with reference to the letter dated [insert date] issued to you regarding the extension of your probation period for a further three months, effective from [start date] to [end date].

Upon evaluating your performance during the probation period and thereafter, we have observed that you have not shown adequate progress and have not made any significant improvement despite repeated warnings.

Based on the above observations, we regret to inform you that we do not require your services effective from [termination date]. As per the company's norms, we are providing you with one month's notice from the date of this letter.

Yours sincerely,

HR Manager
Sambala

Thanks