Seeking advice for a friend who was terminated from his organization. He works with a publicly listed multinational. He and one of his colleagues were detained in the office one day and questioned for 8 hours by a third party with bouncers present in the office. His colleague was terminated, and my friend was sent home without being given any chance to explain, nor was any management team organized to conduct a formal investigation.
After that humiliation, my friend decided not to return to the office and submitted his resignation. The company did not acknowledge his resignation for more than 8 days, and when he followed up, they sent him a termination letter stating that he was suspected of fraud. In response, my friend sent an email stating that he does not accept any allegations.
Seeking Advice on Employment Rights
Please advise on what his rights are in order to have his termination revoked. What should he do if the company does not respond to his rejection of the termination? Why are they not replying to his follow-up emails?
From India, Lucknow
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After that humiliation, my friend decided not to return to the office and submitted his resignation. The company did not acknowledge his resignation for more than 8 days, and when he followed up, they sent him a termination letter stating that he was suspected of fraud. In response, my friend sent an email stating that he does not accept any allegations.
Seeking Advice on Employment Rights
Please advise on what his rights are in order to have his termination revoked. What should he do if the company does not respond to his rejection of the termination? Why are they not replying to his follow-up emails?
From India, Lucknow
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Advice on Handling Suspected Fraud and Resignation
From your query, it is assumed that your friend is suspected of fraud in the company. One of his/her colleagues has been terminated for the same reason. Your friend was sent home, possibly pending an inquiry. In that case, your friend should not have sent the resignation immediately, as the employer may not accept it. It is advisable to approach HR and resolve the suspicions they have. Thereafter, acceptance of the resignation can be worked out.
Regards
From India, Ahmadabad
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747From your query, it is assumed that your friend is suspected of fraud in the company. One of his/her colleagues has been terminated for the same reason. Your friend was sent home, possibly pending an inquiry. In that case, your friend should not have sent the resignation immediately, as the employer may not accept it. It is advisable to approach HR and resolve the suspicions they have. Thereafter, acceptance of the resignation can be worked out.
Regards
From India, Ahmadabad
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I agree with Saji, but I wanted to add one more point. If they have conducted an investigation and found him guilty, they should have provided a charge sheet or a show cause notice against him. This would allow him to explain his side, ensuring fairness and justice. If the person fails to respond, it can be considered that he has nothing to say and admits guilt in the mentioned offense.
However, in this situation, they directly sent a termination letter without giving him a chance to explain himself. Therefore, I advise you to request the investigation report and the judgment. If you believe that they are irrelevant or unjust, you can use it as strong evidence to file a case against them in the industrial tribunal court.
Regards,
Tushar Swar
From India, Mumbai
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However, in this situation, they directly sent a termination letter without giving him a chance to explain himself. Therefore, I advise you to request the investigation report and the judgment. If you believe that they are irrelevant or unjust, you can use it as strong evidence to file a case against them in the industrial tribunal court.
Regards,
Tushar Swar
From India, Mumbai
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I agree with Saji, but I wanted to add one more point. If they have conducted the investigation and found him guilty, they should have provided the charge sheet or a show cause notice against him to ask for an explanation based on the investigation report, allowing him to present his side in the interest of justice. In case the person in question fails to respond, it shall be considered that there is nothing further to be said from his side, and he is deemed guilty of the mentioned offense.
However, as explained, they directly sent the termination letter without giving him the chance to explain himself. In this scenario, I would advise you to request the investigation report and judgment. If you believe that they are irrelevant or unjust towards you, then that would serve as strong evidence to file a case against them in an industrial tribunal court.
Regards,
Tushar Swar
From India, Mumbai
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However, as explained, they directly sent the termination letter without giving him the chance to explain himself. In this scenario, I would advise you to request the investigation report and judgment. If you believe that they are irrelevant or unjust towards you, then that would serve as strong evidence to file a case against them in an industrial tribunal court.
Regards,
Tushar Swar
From India, Mumbai
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The information you have provided is not sufficient to respond to your query. It seems to be quite serious. Please ask your friend to approach a lawyer and also show the lawyer his appointment letter so that there is a clear understanding of its terms of employment.
Regards,
From India, Mumbai
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Regards,
From India, Mumbai
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You have not mentioned your category/position, as well as your friend's position in the company. Please elaborate on the incidents that happened, with previous references if any, including all the details to enable the HR team members to give their views.
Thanks,
R K Nair
From India, Aizawl
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Thanks,
R K Nair
From India, Aizawl
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