Hi,
I am an employee of a good company as an area manager. I have been with the company in Hyderabad for 3 years. Due to a seemingly trivial reason, the company issued me a termination letter. Could you kindly suggest how I should file a complaint with the labor court? What are my chances of winning?
From India, Hyderabad
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I am an employee of a good company as an area manager. I have been with the company in Hyderabad for 3 years. Due to a seemingly trivial reason, the company issued me a termination letter. Could you kindly suggest how I should file a complaint with the labor court? What are my chances of winning?
From India, Hyderabad
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Dear Om2jha,
We would like to have more information about your case. Please confirm the following:
a) How many persons reported to you?
b) What exactly was the "silly" reason?
c) Did your company conduct a domestic inquiry before terminating you?
d) How were your relations with the GM or any other authority to whom you were reporting?
e) Did you submit the review application to the MD of your company, or is it that the termination has the imprimatur of the MD?
Thanks,
Dinesh Divekar
From India, Bangalore
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8072We would like to have more information about your case. Please confirm the following:
a) How many persons reported to you?
b) What exactly was the "silly" reason?
c) Did your company conduct a domestic inquiry before terminating you?
d) How were your relations with the GM or any other authority to whom you were reporting?
e) Did you submit the review application to the MD of your company, or is it that the termination has the imprimatur of the MD?
Thanks,
Dinesh Divekar
From India, Bangalore
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As you have mentioned, you have been terminated for a seemingly trivial reason, but I need clarification on a few points outlined below:
1. Are you a confirmed employee of the organization?
2. Please review the clause in your appointment letter that states if the company has the right to terminate without notice due to poor performance or any related issues.
3. Does the reason for your termination impact the organizational growth or social standards?
If you provide specifics, I can offer a solution.
Thanks and Regards,
Aditya
From India, Hyderabad
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1. Are you a confirmed employee of the organization?
2. Please review the clause in your appointment letter that states if the company has the right to terminate without notice due to poor performance or any related issues.
3. Does the reason for your termination impact the organizational growth or social standards?
If you provide specifics, I can offer a solution.
Thanks and Regards,
Aditya
From India, Hyderabad
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Hi Aditya,
1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standards.
Thank you.
From India, Hyderabad
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1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standards.
Thank you.
From India, Hyderabad
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Employee Referral Scheme and Termination Issue
More than 50 people reported to me. The reason was as follows:
Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which actually belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. In response, he contributed 10k, and in total, we funded 30k, which was contributed by everyone.
These four incidents I have mentioned were done without causing any harm to the company.
Yes, the company has conducted a domestic inquiry.
My relationship with my boss is very good. Even though he is trying to rescind the termination and provide me with the option to resign.
I have written an email to the company CEO and all other higher officials about my innocence regarding the termination letter I received.
Please suggest, is this considered fraud?
From India, Hyderabad
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More than 50 people reported to me. The reason was as follows:
Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which actually belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. In response, he contributed 10k, and in total, we funded 30k, which was contributed by everyone.
These four incidents I have mentioned were done without causing any harm to the company.
Yes, the company has conducted a domestic inquiry.
My relationship with my boss is very good. Even though he is trying to rescind the termination and provide me with the option to resign.
I have written an email to the company CEO and all other higher officials about my innocence regarding the termination letter I received.
Please suggest, is this considered fraud?
From India, Hyderabad
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Aditya,
1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standard.
From India, Hyderabad
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1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standard.
From India, Hyderabad
Acknowledge(0)Amend(0)
Employee Referral Scheme and Termination Issue
More than 50 people reported to me. The reason was as follows:
Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. He contributed 10k, and in total, we funded 30k, which was contributed by everyone.
In these four incidents, I have not done anything to harm the company.
Yes, the company has conducted a domestic inquiry.
My relationship with my boss is very good. He is still trying to reverse the termination and at least provide the option to resign.
I have written an email to the company CEO and every higher official about my innocence regarding the termination letter. Please advise, is this considered fraud?
Regards
From India, Hyderabad
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More than 50 people reported to me. The reason was as follows:
Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. He contributed 10k, and in total, we funded 30k, which was contributed by everyone.
In these four incidents, I have not done anything to harm the company.
Yes, the company has conducted a domestic inquiry.
My relationship with my boss is very good. He is still trying to reverse the termination and at least provide the option to resign.
I have written an email to the company CEO and every higher official about my innocence regarding the termination letter. Please advise, is this considered fraud?
Regards
From India, Hyderabad
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Dear Om2Jha,
Can you reprint the 'charges' contained in the charge sheet they served and tried in the domestic inquiry? Since it is termination, it should have been on 'serious charges.' Let us have a look at it. What clarifications/replies did you submit in the inquiry?
Was there any suspension pending inquiry? If yes, was any subsistence allowance paid to you?
Did the company pay you any settlement?
From India, Bangalore
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Can you reprint the 'charges' contained in the charge sheet they served and tried in the domestic inquiry? Since it is termination, it should have been on 'serious charges.' Let us have a look at it. What clarifications/replies did you submit in the inquiry?
Was there any suspension pending inquiry? If yes, was any subsistence allowance paid to you?
Did the company pay you any settlement?
From India, Bangalore
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As an Area Manager, I can't refer anyone. If one employee refers another, he will receive 15k after 6 months upon the completion of the referred employee.
Referral Details
For the first case, two candidates joined together. X, whom I know personally, was not referred by me. However, he brought his friend Y. According to company policy, before the release of the offer letter, we have to send referral details to the company. Therefore, I instructed my former employee to refer Y through his email ID.
For the second referral, there was a candidate I knew from before. He was earning 395,000 in his old company, but I wanted to bring him into my company at 370,000. The reason being, if he were to earn more than 370,000, he would have higher targets. So, I promised him the referral amount of 15k. Consequently, I referred him through the candidate who had referred the first candidate.
Both candidates were referred by the same individual. However, when the same candidate who made the referrals resigned, there were some misunderstandings. My opponent, who is jealous of me, influenced him to complain against me. The charges put forth by the company are related to seeking undue financial support from ex-employees.
Thank you.
From India, Hyderabad
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Referral Details
For the first case, two candidates joined together. X, whom I know personally, was not referred by me. However, he brought his friend Y. According to company policy, before the release of the offer letter, we have to send referral details to the company. Therefore, I instructed my former employee to refer Y through his email ID.
For the second referral, there was a candidate I knew from before. He was earning 395,000 in his old company, but I wanted to bring him into my company at 370,000. The reason being, if he were to earn more than 370,000, he would have higher targets. So, I promised him the referral amount of 15k. Consequently, I referred him through the candidate who had referred the first candidate.
Both candidates were referred by the same individual. However, when the same candidate who made the referrals resigned, there were some misunderstandings. My opponent, who is jealous of me, influenced him to complain against me. The charges put forth by the company are related to seeking undue financial support from ex-employees.
Thank you.
From India, Hyderabad
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Charges are 'seeking undue financial support from the employee.'
I have provided the same clarification here as I am providing in this forum. Unfortunately, I have not received any settlement yet. I was informed that I would receive my full and final settlement as part of the process.
My contention is not that I am claiming to be right, but rather that I was not entirely wrong either, as I did not act against the company's interests. Everything I did was in the best interest of the company. They could have chosen to issue a warning instead.
Currently, my fight is to retract the termination decision and be given the opportunity to resign, at the very least.
Thank you.
From India, Hyderabad
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I have provided the same clarification here as I am providing in this forum. Unfortunately, I have not received any settlement yet. I was informed that I would receive my full and final settlement as part of the process.
My contention is not that I am claiming to be right, but rather that I was not entirely wrong either, as I did not act against the company's interests. Everything I did was in the best interest of the company. They could have chosen to issue a warning instead.
Currently, my fight is to retract the termination decision and be given the opportunity to resign, at the very least.
Thank you.
From India, Hyderabad
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From what is written by you, circumvention of rules in the referral of candidates appears to have taken place. Charges levied appear to have some basis as can be inferred from your own words. It is recommended that you seek proper legal advice to find a way out of this problem.
From India, Pune
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From India, Pune
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I have no idea under what rule they tried to terminate you. If there are Standing Orders in vogue, I doubt whether they would apply to you or not. If any other rule is involved, I could give my opinion only after looking at those relevant clauses as a whole. From what you have stated, it appears that you admitted guilt for indulging in collecting money from your colleagues among other things, regardless of your defense that it's not against the company. The extent of punishment once guilt is proven beyond doubt would depend on the provisions contained in the relevant rules and the Inquiry Officer. However, to me, termination seems too harsh, akin to capital punishment, especially if this is the first offense charged against you. Therefore, seeking legal remedy is the only relief you might consider at this juncture. Much will depend on the documents available to you for defending your cause. Please consult with a reputable advocate promptly.
Regards
From India, Bangalore
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Regards
From India, Bangalore
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Dear All,
Thank you all for your advice. I don't want to fight with the company because my time is wasted, and I don't want to go back to a company that does not respect an employee's effort and loyalty, especially when that employee has given more than 100% to the company. However, I do not want my career to be destroyed. Can you kindly suggest whether this termination will affect my selection in new job interviews? Or how should I handle this termination, as I don't believe I have done anything wrong.
From India, Hyderabad
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Thank you all for your advice. I don't want to fight with the company because my time is wasted, and I don't want to go back to a company that does not respect an employee's effort and loyalty, especially when that employee has given more than 100% to the company. However, I do not want my career to be destroyed. Can you kindly suggest whether this termination will affect my selection in new job interviews? Or how should I handle this termination, as I don't believe I have done anything wrong.
From India, Hyderabad
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Have You Received a Relieving Letter?
Have you received a relieving letter? If so, what is stated as the 'reason for leaving'?
It seems that a strong case has been made against you, with complaints obtained from your colleagues, perhaps alleging that you were demanding money or engaging in similar activities. I have serious doubts that you will have enough documents, evidence, and witnesses in defense to prove your innocence. Much will depend on these factors as part of a preparatory strategy to determine your next course of action.
Focus on Your Career
In my opinion, while setting aside this fight, you should focus more on your career and consider settling for future ventures. This could involve starting something new, either independently or by collaborating with like-minded friends or colleagues. It is crucial to maintain a positive outlook, especially considering that you were involved in establishing the company from the beginning. Perhaps, starting your own company within the same field is not impossible.
Honesty and Opportunity
Honesty is a rare and valuable trait. It is unrealistic to expect it from individuals who are deceitful or lack integrity. Consider this situation as a providential opportunity to strive for excellence. Remember, "When you challenge people, you may lose one day, but when you challenge yourself, you will win every day." I wish you all the best for a bright future.
From India, Bangalore
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Have you received a relieving letter? If so, what is stated as the 'reason for leaving'?
It seems that a strong case has been made against you, with complaints obtained from your colleagues, perhaps alleging that you were demanding money or engaging in similar activities. I have serious doubts that you will have enough documents, evidence, and witnesses in defense to prove your innocence. Much will depend on these factors as part of a preparatory strategy to determine your next course of action.
Focus on Your Career
In my opinion, while setting aside this fight, you should focus more on your career and consider settling for future ventures. This could involve starting something new, either independently or by collaborating with like-minded friends or colleagues. It is crucial to maintain a positive outlook, especially considering that you were involved in establishing the company from the beginning. Perhaps, starting your own company within the same field is not impossible.
Honesty and Opportunity
Honesty is a rare and valuable trait. It is unrealistic to expect it from individuals who are deceitful or lack integrity. Consider this situation as a providential opportunity to strive for excellence. Remember, "When you challenge people, you may lose one day, but when you challenge yourself, you will win every day." I wish you all the best for a bright future.
From India, Bangalore
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