I'm a confirmed employee and have completed one year of service. Recently, during a review call, my manager insulted me, and I responded back. The discussion was about providing support on Sunday, and due to her shouting and insulting, I said I wouldn't work on Sunday. She took it as an ego hurt and sent me a termination notice, mentioning the reason as non-flexibility of working. I have accepted the termination notice and decided to move on. However, I would like to know if this is a valid reason for terminating an employee.
From India, Kottayam
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From India, Kottayam
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This is not a valid reason for termination. Moreover, an employee cannot be terminated without being given opportunities to defend against the charges. The charge is very weak, and as such, termination is bad in law. Certainly, if you were an employee not having any managerial functions, you can challenge the termination.
From India, Kannur
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4526From India, Kannur
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Thank you so much for your quick response. But how can I challenge this termination. They dont even respond me back to my email. attached the mail correspondence with company references removed.
From India, Kottayam
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From India, Kottayam
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Discharge Simpliciter and HR Protocols
This is actually a discharge simpliciter because the employer has given you a notice of 30 days. It is interesting that the communication has not come from any HR person or someone designated to appoint or terminate an employee. Obviously, if you were appointed by a manager, only he could terminate you. It is not the help desk with whom you can communicate such matters. That itself shows that the company has no HR protocols.
Challenging the Termination
Challenging the termination will make the employer hostile, and they may use it against you in all your future career by putting negative comments in the background verification. If you are not bothered about it, you can approach the Labour Officer, who will initiate the conciliation process considering your complaint as an industrial dispute. He will call the employer and try to sort out the matter amicably. Therefore, if the person concerned is not responding, you can speak to him/her over the phone and tell them that you are going to lodge a complaint before the Labour Officer. Things will take a different turn then.
From India, Kannur
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This is actually a discharge simpliciter because the employer has given you a notice of 30 days. It is interesting that the communication has not come from any HR person or someone designated to appoint or terminate an employee. Obviously, if you were appointed by a manager, only he could terminate you. It is not the help desk with whom you can communicate such matters. That itself shows that the company has no HR protocols.
Challenging the Termination
Challenging the termination will make the employer hostile, and they may use it against you in all your future career by putting negative comments in the background verification. If you are not bothered about it, you can approach the Labour Officer, who will initiate the conciliation process considering your complaint as an industrial dispute. He will call the employer and try to sort out the matter amicably. Therefore, if the person concerned is not responding, you can speak to him/her over the phone and tell them that you are going to lodge a complaint before the Labour Officer. Things will take a different turn then.
From India, Kannur
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Dear member,
The senior member, Mr. Madhu TK, has provided two replies, both from a legal standpoint. My response is oriented towards your career perspective. I may not have all the details of the incident, but my interpretation is based on your post.
Understanding Managerial Pressure
Managers often operate under pressure, and at times, they may inadvertently pass down their frustrations. While this behavior is not ideal, it can occasionally occur. In such situations, it would have been beneficial if you could have filtered out your manager's emotions and grasped the underlying message in her communication. However, it seems that you reacted with equal intensity, and now, in a moment of frustration, you are contemplating leaving your job.
Career Advancement Considerations
While finding another job is a possibility, for career advancement, it is advisable not to make decisions impulsively in moments of annoyance. As junior employees, making certain compromises is necessary. Adopting a combative stance does not lead to constructive outcomes but rather impedes our progress.
Following this incident, continuing in the same company may prove challenging. Nevertheless, I suggest delving into literature on interpersonal skills, conflict management, etc., and reflecting on the event. Consider if there could have been a better approach to handling the situation. In connection to this incident, let me share a renowned quote from Herodotus: "force has no place where there is need of skill."
General Comments
The incident aptly demonstrates how a negative interpersonal environment within a company can affect its employees. In many organizations, managers are tasked with achieving departmental targets. However, they are not typically assigned objectives related to maintaining their team's motivation or reducing attrition rates. Managers should not view their subordinates as expendable assets. Recruiting suitable candidates is a challenging process, as individuals do not simply queue up at a company's doorstep. Even when the right candidate is hired, it takes time for them to acclimate to a new role. Given these circumstances, managers should receive training on managerial competencies in general, with a specific focus on motivation skills.
Thanks,
Dinesh Divekar
From India, Bangalore
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The senior member, Mr. Madhu TK, has provided two replies, both from a legal standpoint. My response is oriented towards your career perspective. I may not have all the details of the incident, but my interpretation is based on your post.
Understanding Managerial Pressure
Managers often operate under pressure, and at times, they may inadvertently pass down their frustrations. While this behavior is not ideal, it can occasionally occur. In such situations, it would have been beneficial if you could have filtered out your manager's emotions and grasped the underlying message in her communication. However, it seems that you reacted with equal intensity, and now, in a moment of frustration, you are contemplating leaving your job.
Career Advancement Considerations
While finding another job is a possibility, for career advancement, it is advisable not to make decisions impulsively in moments of annoyance. As junior employees, making certain compromises is necessary. Adopting a combative stance does not lead to constructive outcomes but rather impedes our progress.
Following this incident, continuing in the same company may prove challenging. Nevertheless, I suggest delving into literature on interpersonal skills, conflict management, etc., and reflecting on the event. Consider if there could have been a better approach to handling the situation. In connection to this incident, let me share a renowned quote from Herodotus: "force has no place where there is need of skill."
General Comments
The incident aptly demonstrates how a negative interpersonal environment within a company can affect its employees. In many organizations, managers are tasked with achieving departmental targets. However, they are not typically assigned objectives related to maintaining their team's motivation or reducing attrition rates. Managers should not view their subordinates as expendable assets. Recruiting suitable candidates is a challenging process, as individuals do not simply queue up at a company's doorstep. Even when the right candidate is hired, it takes time for them to acclimate to a new role. Given these circumstances, managers should receive training on managerial competencies in general, with a specific focus on motivation skills.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh Divekar,
Thank you so much for analyzing the situation and commenting on it. You are right; this is now done, but I need to learn from it.
It was a direct email of termination, without even asking for any explanation. The real fact is my manager wanted to create fear among the team, that if anyone disagrees with her, they will not survive.
Once again, thank you...
Regards,
Rincy
From India, Kottayam
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Thank you so much for analyzing the situation and commenting on it. You are right; this is now done, but I need to learn from it.
It was a direct email of termination, without even asking for any explanation. The real fact is my manager wanted to create fear among the team, that if anyone disagrees with her, they will not survive.
Once again, thank you...
Regards,
Rincy
From India, Kottayam
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Dear Rincy,
I refer to your second post. Upon reflecting on the incident, you feel that it was an error on your part to make a counterattack against the manager. Introspection teaches us a lesson, and you have learned from it. I appreciate your attitude of self-examination.
It may be noted that we work for the organization and not just for the manager. The organization does not become bad because of a bad manager. Managers, due to their responsibility, foresee certain things that subordinates may not. The manager instructed you to work on Sunday, exercising her authority. However, it's essential to understand that managers, when exercising authority, do so in the best interests of the company, without personal motives. As subordinates, our contributions should aim to serve the company's interests better.
While writing the above, I am well aware of how managers may employ a coercive management style. Their high-handed or rough treatment can leave subordinates feeling devastated. I do not recommend working under such managers indefinitely. My suggestion is limited to resigning in a considered manner.
Negotiation theory
Regarding negotiation theory, there are five negotiation styles: competing, avoiding, accommodating, compromising, and collaborating. In the incident you mentioned, you adopted a "competing" style. I recommend studying negotiation theory thoroughly. When facing similar situations in the future, outline responses for each negotiation style and choose the most suitable one. After three or six months, review whether the selected style was appropriate. Sometimes, you may realize that the chosen style was incorrect. Developing a habit of reviewing will contribute to your intellectual growth.
Best of luck in your future job search. While waiting for a new job, you may want to refresh your understanding of HR theories.
Thanks,
Dinesh Divekar
From India, Bangalore
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I refer to your second post. Upon reflecting on the incident, you feel that it was an error on your part to make a counterattack against the manager. Introspection teaches us a lesson, and you have learned from it. I appreciate your attitude of self-examination.
It may be noted that we work for the organization and not just for the manager. The organization does not become bad because of a bad manager. Managers, due to their responsibility, foresee certain things that subordinates may not. The manager instructed you to work on Sunday, exercising her authority. However, it's essential to understand that managers, when exercising authority, do so in the best interests of the company, without personal motives. As subordinates, our contributions should aim to serve the company's interests better.
While writing the above, I am well aware of how managers may employ a coercive management style. Their high-handed or rough treatment can leave subordinates feeling devastated. I do not recommend working under such managers indefinitely. My suggestion is limited to resigning in a considered manner.
Negotiation theory
Regarding negotiation theory, there are five negotiation styles: competing, avoiding, accommodating, compromising, and collaborating. In the incident you mentioned, you adopted a "competing" style. I recommend studying negotiation theory thoroughly. When facing similar situations in the future, outline responses for each negotiation style and choose the most suitable one. After three or six months, review whether the selected style was appropriate. Sometimes, you may realize that the chosen style was incorrect. Developing a habit of reviewing will contribute to your intellectual growth.
Best of luck in your future job search. While waiting for a new job, you may want to refresh your understanding of HR theories.
Thanks,
Dinesh Divekar
From India, Bangalore
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are they not paying overtime or compassionate rest in regarding working on Sunday ? if yes you must work on Sunday else regret in kind manner.
From India, Indore
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From India, Indore
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Ashok Pal, paying overtime wages and allowing a compensatory weekly off are not remedies because you cannot compel an employee to do overtime (or work on a weekly off day). The employer or their representative (manager) should not threaten employees to get things done. If threatened, the employee might educate their manager on the law, leading to further complications. It is better to avoid such situations in the office.
From India, Kannur
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From India, Kannur
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