Dear Members,
It would be appreciated if you could advise on the following case.
Background of Employment
I was engaged with a new and small company as an employee (middle-management level) for 5 years since the company started its operations. This for-profit company provides services to an international NGO for the implementation of their program in different states of India and uses their name in all the work they do (for example, my designation for the outer world was on the role of this international NGO, but contracting arrangements were made through this company). The global team members of this international NGO work actively with the India team members, thus they know all the staff very well.
Raising Concerns and Subsequent Actions
As I was raising concerns (which were technically correct) for 2-3 months related to program implementation over email and during in-person discussions, the two seniors (who are also directors in the company and lead everything without a democratic and transparent environment) took it against them as this questioned their decision-making. These two seniors were always copied on emails related to all program communication and were aware of issues happening in the program as they were part of meetings as well. To satisfy their ego, they sent a long email to me (through my supervisor, who was also part of this group and never functions democratically but follows blindly what these people say) highlighting performance issues. There was no performance-related email sent to me before this email. All the issues mentioned in the email were falsely placed allegations, and they made me responsible for everything that did not work out as per the decided plan (despite senior management being copied on every single email and aware of the issues). I was very disappointed after looking at the email. I responded to their email within a day by answering all their allegations and resigned in the same email, highlighting the negative environment created by them as the reason. I also copied a member of the global team of this international NGO to highlight the issues happening in this company, as this NGO is actively involved in the operations of this company.
Post-Resignation Developments
After my resignation, there were no attempts to discuss this with me. Instead, HR sent an email (HR is just a puppet, and two people in senior management use this email ID; HR does not have access to it) to me raising concerns about why I did not reach out to senior management of this company to share my concerns but copied the resignation email to a team member of the international NGO. I responded that senior management of this company was already copied on all the emails and was part of almost all the meetings, so there was no need to separately reach out to them if they were aware of the issues on a day-to-day basis. They again sent the email with the same question, and I responded to them.
Termination and Its Implications
Five days after my resignation, they terminated me on the grounds of performance limitation and misconduct. Performance limitation after 5 years of service to the company (I also got promoted to a new role 2 years back) and misconduct as I did not reach out to senior management of the company separately and highlighted the issue to a team member of this international NGO, which is actively involved in operations and was the last resort to seek relief in my case. The global team member of this NGO never responded to me despite knowing me well. It is important to note here that they created this misconduct case after my resignation email.
There is no issue in monetary terms (they are making complete payment, including one month's notice period salary).
Initially, they were writing the reason for termination (performance limitation, misconduct) in the experience certificate, but later on my request, they agreed to remove it. They will give a cheque and experience certificate to me once I sign the full and final settlement documents which have the termination as the reason for leaving (which was not actually the case; I had resigned). I have requested them to change the language in the full and final settlement documents (using a reference to my resignation, not the termination) as this will impact my career if in the future any company reaches out to them for a reference check and they can show these documents as proof in support of my termination.
Request for Advice
Please advise on the next steps (or otherwise) if they refuse to change the language in the full and final settlement documents, as this is not only related to getting the full and final settlement money and experience certificate but also about self-respect. I have a copy of all the communications that were done with the company.
From India, Jaipur
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It would be appreciated if you could advise on the following case.
Background of Employment
I was engaged with a new and small company as an employee (middle-management level) for 5 years since the company started its operations. This for-profit company provides services to an international NGO for the implementation of their program in different states of India and uses their name in all the work they do (for example, my designation for the outer world was on the role of this international NGO, but contracting arrangements were made through this company). The global team members of this international NGO work actively with the India team members, thus they know all the staff very well.
Raising Concerns and Subsequent Actions
As I was raising concerns (which were technically correct) for 2-3 months related to program implementation over email and during in-person discussions, the two seniors (who are also directors in the company and lead everything without a democratic and transparent environment) took it against them as this questioned their decision-making. These two seniors were always copied on emails related to all program communication and were aware of issues happening in the program as they were part of meetings as well. To satisfy their ego, they sent a long email to me (through my supervisor, who was also part of this group and never functions democratically but follows blindly what these people say) highlighting performance issues. There was no performance-related email sent to me before this email. All the issues mentioned in the email were falsely placed allegations, and they made me responsible for everything that did not work out as per the decided plan (despite senior management being copied on every single email and aware of the issues). I was very disappointed after looking at the email. I responded to their email within a day by answering all their allegations and resigned in the same email, highlighting the negative environment created by them as the reason. I also copied a member of the global team of this international NGO to highlight the issues happening in this company, as this NGO is actively involved in the operations of this company.
Post-Resignation Developments
After my resignation, there were no attempts to discuss this with me. Instead, HR sent an email (HR is just a puppet, and two people in senior management use this email ID; HR does not have access to it) to me raising concerns about why I did not reach out to senior management of this company to share my concerns but copied the resignation email to a team member of the international NGO. I responded that senior management of this company was already copied on all the emails and was part of almost all the meetings, so there was no need to separately reach out to them if they were aware of the issues on a day-to-day basis. They again sent the email with the same question, and I responded to them.
Termination and Its Implications
Five days after my resignation, they terminated me on the grounds of performance limitation and misconduct. Performance limitation after 5 years of service to the company (I also got promoted to a new role 2 years back) and misconduct as I did not reach out to senior management of the company separately and highlighted the issue to a team member of this international NGO, which is actively involved in operations and was the last resort to seek relief in my case. The global team member of this NGO never responded to me despite knowing me well. It is important to note here that they created this misconduct case after my resignation email.
There is no issue in monetary terms (they are making complete payment, including one month's notice period salary).
Initially, they were writing the reason for termination (performance limitation, misconduct) in the experience certificate, but later on my request, they agreed to remove it. They will give a cheque and experience certificate to me once I sign the full and final settlement documents which have the termination as the reason for leaving (which was not actually the case; I had resigned). I have requested them to change the language in the full and final settlement documents (using a reference to my resignation, not the termination) as this will impact my career if in the future any company reaches out to them for a reference check and they can show these documents as proof in support of my termination.
Request for Advice
Please advise on the next steps (or otherwise) if they refuse to change the language in the full and final settlement documents, as this is not only related to getting the full and final settlement money and experience certificate but also about self-respect. I have a copy of all the communications that were done with the company.
From India, Jaipur
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Hi,
Please request them to change the reason in the Full and Final Settlement and ensure an amicable separation. They have agreed to change the experience certificate, so they will consider your request for a change in the Full Final Settlement as well. While I do not want to go into depth regarding who is wrong or right, one thing is for sure: the employer always has the opportunity to take the upper hand in the future in case of any verification by your prospective future employer.
From India, Madras
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1015Please request them to change the reason in the Full and Final Settlement and ensure an amicable separation. They have agreed to change the experience certificate, so they will consider your request for a change in the Full Final Settlement as well. While I do not want to go into depth regarding who is wrong or right, one thing is for sure: the employer always has the opportunity to take the upper hand in the future in case of any verification by your prospective future employer.
From India, Madras
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Dear Rakesh, just yesterday, I gave my comments on why you must get along with the bosses. There is no point in taking them on. Click the following link to read the first paragraph: https://www.citehr.com/611830-dilemm...ml#post2425140
You say that you are from middle management. Therefore, some junior members must be reporting to you. In that case, provisions of the Industrial Dispute Act, 1947 do not apply to you. Therefore, you cannot approach the Labor Office to settle your grievance. In case nobody reports to you, then confirm, and we will tell you what to do further.
Now for argument's sake, let's believe that your termination was illegal. The next remedy is filing a civil suit. That is also not advisable as court cases drag for years, and when the final verdict is given by the court, you will not have the energy to enjoy it.
Therefore, the last option left is to make a truce with the bosses. That anyway you are doing it. Tender an unconditional apology and get a neat and clean relieving letter.
Thanks,
Dinesh Divekar
From India, Bangalore
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You say that you are from middle management. Therefore, some junior members must be reporting to you. In that case, provisions of the Industrial Dispute Act, 1947 do not apply to you. Therefore, you cannot approach the Labor Office to settle your grievance. In case nobody reports to you, then confirm, and we will tell you what to do further.
Now for argument's sake, let's believe that your termination was illegal. The next remedy is filing a civil suit. That is also not advisable as court cases drag for years, and when the final verdict is given by the court, you will not have the energy to enjoy it.
Therefore, the last option left is to make a truce with the bosses. That anyway you are doing it. Tender an unconditional apology and get a neat and clean relieving letter.
Thanks,
Dinesh Divekar
From India, Bangalore
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