Termination Without Cause: Seeking Advice
I was working as an Associate General Manager (Safety & Fire) in a very big and reputed group. On 24.09.2014, at about 12:00 noon, I was called by my Station Head and asked to resign since he was reportedly asked by the HO to do so. I refused to resign because I did not find any reason for this, and I was not even informed in any way about this. Later in the day, I was handed a termination letter signed by the Corporate HR Head, which I did not accept for the simple reason that a senior employee can't be terminated without being given any reason whatsoever. The same day, in the afternoon, I was telephonically asked to vacate my house immediately. I was not able to understand why I was being subjected to such humiliation and distress.
After that, I wrote a letter to senior management to clarify the reasons for my termination and to handle the matter diligently and in line with professional ethics. I was also open to discussing any matter. I request the learned members to advise me on what I should do in this regard.
With Regards,
RK Sharma
From India
Acknowledge(0)
Amend(0)
I was working as an Associate General Manager (Safety & Fire) in a very big and reputed group. On 24.09.2014, at about 12:00 noon, I was called by my Station Head and asked to resign since he was reportedly asked by the HO to do so. I refused to resign because I did not find any reason for this, and I was not even informed in any way about this. Later in the day, I was handed a termination letter signed by the Corporate HR Head, which I did not accept for the simple reason that a senior employee can't be terminated without being given any reason whatsoever. The same day, in the afternoon, I was telephonically asked to vacate my house immediately. I was not able to understand why I was being subjected to such humiliation and distress.
After that, I wrote a letter to senior management to clarify the reasons for my termination and to handle the matter diligently and in line with professional ethics. I was also open to discussing any matter. I request the learned members to advise me on what I should do in this regard.
With Regards,
RK Sharma
From India
Acknowledge(0)Amend(0)
What has happened with you is quite unfortunate. Nevertheless, while emphasizing, it is pertinent to have some clarification as well.
Clarification and Inquiry
When the management goes to the extent of immediate termination and tells you to vacate the house also, this goes to show that there is something more than meets the eye. Whatever you have mentioned in your post, is this the complete information? Why did things come to such a pass? Did you have a face-off with any senior? Was there any safety lapse on your part? Did any external agency conduct a safety audit in the recent past? If yes, then in their safety report, did they bring out any safety lapses?
Questions on Staff and Conduct
What about your staff? How many report to you? Was there a lapse on their part that questions your managerial skills? What about your personal conduct? Did any woman employee make a complaint against you?
Legal Considerations
Ideally, any termination should be preceded by a domestic inquiry. Nevertheless, if the need arises in a court of law, they should prove the credibility of their action. If the court observes that the grounds for termination were not sufficient, then the court treats the termination as null and void. In your case, the Corporate Head HR has signed your termination letter. When such a senior person signs a termination letter, he/she must have taken some protective cover. While HR is expected to play the second fiddle to the management, that is why they are employed for; your HR must have taken precautionary measures to avoid future legal hassles. You need to find out what those legal grounds are and whether they are sufficient to withstand legal scrutiny.
If your post is taken at its face value, then it can be deduced that your termination can be challenged. However, before taking a course of litigation, please find out inner information if it is possible.
Moving Forward
Last but not least, take this termination as an accident in your career. All of us meet accidents. Do not put yourself down. Take what is due from the company and start looking for a new job. Hopefully, your company should not harass you in providing you with the experience-cum-service certificate.
Thanks,
Dinesh V Divekar
From India, Bangalore
Acknowledge(4)
Amend(0)
8072Clarification and Inquiry
When the management goes to the extent of immediate termination and tells you to vacate the house also, this goes to show that there is something more than meets the eye. Whatever you have mentioned in your post, is this the complete information? Why did things come to such a pass? Did you have a face-off with any senior? Was there any safety lapse on your part? Did any external agency conduct a safety audit in the recent past? If yes, then in their safety report, did they bring out any safety lapses?
Questions on Staff and Conduct
What about your staff? How many report to you? Was there a lapse on their part that questions your managerial skills? What about your personal conduct? Did any woman employee make a complaint against you?
Legal Considerations
Ideally, any termination should be preceded by a domestic inquiry. Nevertheless, if the need arises in a court of law, they should prove the credibility of their action. If the court observes that the grounds for termination were not sufficient, then the court treats the termination as null and void. In your case, the Corporate Head HR has signed your termination letter. When such a senior person signs a termination letter, he/she must have taken some protective cover. While HR is expected to play the second fiddle to the management, that is why they are employed for; your HR must have taken precautionary measures to avoid future legal hassles. You need to find out what those legal grounds are and whether they are sufficient to withstand legal scrutiny.
If your post is taken at its face value, then it can be deduced that your termination can be challenged. However, before taking a course of litigation, please find out inner information if it is possible.
Moving Forward
Last but not least, take this termination as an accident in your career. All of us meet accidents. Do not put yourself down. Take what is due from the company and start looking for a new job. Hopefully, your company should not harass you in providing you with the experience-cum-service certificate.
Thanks,
Dinesh V Divekar
From India, Bangalore
Acknowledge(4)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf