Dear All,
My friend and his wife both got terminated from their jobs due to the reason that husband and wife can't work in the same organization. My friend updated his marital status on the employee portal within 20 days of their marriage. However, his wife did not update her marital status as her immediate boss guided her not to do so, assuring that he would manage the situation within the organization.
When my friend's wife got pregnant and applied for maternity leave, it was duly approved by the Regional HR through email, with ASM, ACM, and RSM also informed. Upon completing her maternity leave and returning to work, HR directly escalated the case to the head HR. It was concluded that my friend's wife should resign from her job due to the policy of not allowing both husband and wife to continue in the same organization. Following this guidance and under immense pressure, my friend's wife resigned, clearly stating the reasons in her resignation letter.
A few days later, Regional HR, RSM, ASM, and ACM pressured my friend to also resign, threatening termination if he did not comply. Despite presenting his arguments, he eventually succumbed to the pressure and submitted his resignation as advised by his ASM and ACM, who assured him that resigning would prevent his termination.
The unexpected turn came when, after updating his resignation letter and committing to serve the notice period, my friend received a termination letter from HR, backdated with the reason cited as an integrity breach and violation of the Code of Conduct.
Now, the dilemma is what steps to take next. Both my friend and his wife fear that their careers are tarnished, making it challenging to secure jobs in reputable companies, especially since their current employer may not provide a positive reference. They are considering seeking legal assistance and would appreciate any guidance or suggestions to navigate this difficult situation.
Your responses and suggestions are highly valued as they seek to find a way out of this challenging time. Thank you.
From India, Jamshedpur
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My friend and his wife both got terminated from their jobs due to the reason that husband and wife can't work in the same organization. My friend updated his marital status on the employee portal within 20 days of their marriage. However, his wife did not update her marital status as her immediate boss guided her not to do so, assuring that he would manage the situation within the organization.
When my friend's wife got pregnant and applied for maternity leave, it was duly approved by the Regional HR through email, with ASM, ACM, and RSM also informed. Upon completing her maternity leave and returning to work, HR directly escalated the case to the head HR. It was concluded that my friend's wife should resign from her job due to the policy of not allowing both husband and wife to continue in the same organization. Following this guidance and under immense pressure, my friend's wife resigned, clearly stating the reasons in her resignation letter.
A few days later, Regional HR, RSM, ASM, and ACM pressured my friend to also resign, threatening termination if he did not comply. Despite presenting his arguments, he eventually succumbed to the pressure and submitted his resignation as advised by his ASM and ACM, who assured him that resigning would prevent his termination.
The unexpected turn came when, after updating his resignation letter and committing to serve the notice period, my friend received a termination letter from HR, backdated with the reason cited as an integrity breach and violation of the Code of Conduct.
Now, the dilemma is what steps to take next. Both my friend and his wife fear that their careers are tarnished, making it challenging to secure jobs in reputable companies, especially since their current employer may not provide a positive reference. They are considering seeking legal assistance and would appreciate any guidance or suggestions to navigate this difficult situation.
Your responses and suggestions are highly valued as they seek to find a way out of this challenging time. Thank you.
From India, Jamshedpur
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The Forced Resignation Dilemma
Once your friend's wife resigned from the job, there was no reason for the HR of that company to obtain the resignation of your friend under duress. It appears that HR wanted to remove your friend, and they have used their marriage as an alibi. You have written that, "[After a few days, Regional HR, RSM, ASM & ACM again pressurized my friend and asked him to update his resignation or else the company will terminate him]." When authorities from different departments join together to get the resignation of your friend, it shows that your friend would have been removed from the job anyway. That his wife also worked in the same company was just a ploy.
Yes, suppression of material facts is misconduct, but that does not merit removal from the job! Whether the forced resignation was legally challengeable or not needs to be seen. Please confirm his designation, how many persons reported to him, whether this clause of husband and wife cannot work together was inserted in the appointment letter or not, whether the company has approved and certified standing orders or not, etc.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Once your friend's wife resigned from the job, there was no reason for the HR of that company to obtain the resignation of your friend under duress. It appears that HR wanted to remove your friend, and they have used their marriage as an alibi. You have written that, "[After a few days, Regional HR, RSM, ASM & ACM again pressurized my friend and asked him to update his resignation or else the company will terminate him]." When authorities from different departments join together to get the resignation of your friend, it shows that your friend would have been removed from the job anyway. That his wife also worked in the same company was just a ploy.
Yes, suppression of material facts is misconduct, but that does not merit removal from the job! Whether the forced resignation was legally challengeable or not needs to be seen. Please confirm his designation, how many persons reported to him, whether this clause of husband and wife cannot work together was inserted in the appointment letter or not, whether the company has approved and certified standing orders or not, etc.
Thanks,
Dinesh Divekar
From India, Bangalore
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc