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On 28 June 2018, I received a show cause notice asking why action should not be taken against me, and I was given 24 hours to provide a justification.

On 29 June 2018, I provided a detailed justification via email.

On 2 July 2018, I was requested to meet with the management in person to provide further justification.

On 4 July 2018, I discussed the matter with the management, and it was verbally resolved. However, I did not receive any further communication on the issue until 22 July 2018. The HR and management have kept the email trail open since then.

On 23 July 2018, I submitted my resignation to HR and the management. In the resignation email, I stated my willingness to serve the complete 3 months notice period.

The company is currently facing losses and has a history of dissatisfied employees. I am concerned that they may terminate my employment citing non-performance issues, even though I have not received any feedback on my performance so far.

I have been with this company for the past 4 years and have been promoted three times. I have observed that employees are often mistreated during their notice period. After dedicating 4 years to this company, I expect a fair and positive experience letter upon my departure.

I seek assistance in this matter as verbal communication seems ineffective at this point.

From India
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Show Cause Notice and Resignation Concerns

On 28 June 2018, I received a show cause notice asking why action should not be taken against me and was asked for a justification within 24 hours. On 29 June 2018, I provided a detailed justification in response to the above notice.

On 2 July 2018, I was requested to meet with the management in person to further elaborate on my justification. On 4 July 2018, I had a discussion with the management, and the issue was verbally resolved. Subsequently, until 22 July 2018, I did not receive any additional correspondence on the matter. However, the HR and management have not officially closed the communication chain regarding this issue, which remains open to date.

Resignation and Company Challenges

On 23 July 2018, I submitted my resignation to HR and management, stating my willingness to serve a full 3-month notice period. The company is currently facing financial losses and has a history of dissatisfied employees. Post-resignation, they tend to create challenges for employees in their day-to-day operations.

Concerns About Termination and Experience Letter

As of today, 25 July 2018, I am concerned about the possibility of being terminated on grounds of non-performance, with such remarks potentially reflecting in my relieving letter or experience certificate. As of now, I have not received any notifications regarding subpar performance.

Having dedicated 4 years to this company and having received three promotions during my tenure, I seek a positive and clean experience letter upon my departure. I have observed instances where employees faced difficulties during their notice period, and I aim to avoid such a situation.

I am feeling mentally stressed, and I believe that dialogue alone may not resolve this matter effectively.

From India
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I think you must be a managerial/supervisory cadre employee in the organization. Knowing well that the show cause notice issued to you on disciplinary grounds has not yet been disposed of by the management, you have submitted your resignation effective from a future date, including the notice period.

So, the first important point is that your resignation has not yet been accepted by the management. Normally, employers don't accept the resignation of an employee facing disciplinary action. Therefore, your resignation submitted under your own presumption of the closure of the disciplinary action can be rejected by your management even on the last day of your notice period. One cannot compel the employer to accept or reject the resignation effective from a future date then and there.

When you are familiar with the harassment meted out to the resignees by the management during their notice period, how come you opted to serve the entire notice period of three months instead of a buy-out? An efficient employee earning three promotions within a span of four years of service cannot become an eyesore to his management all of a sudden. It appears that some important thread is wantonly missing in your narrative.

Better make a personal representation to the CEO and request him to accept your resignation, making your exit peaceful in spite of your misdeeds, if any, in the perspective of the management. If you are convinced yourself as not guilty, you can fight the decision of the management legally when the cause of action arises.

From India, Salem
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Show Cause Notice and Response

I work for a college, and below is the show cause notice email I received on 28 June 2018:

***************************************

Hi XYZ, The below-mentioned two acts have been reported against you:

- Misrepresentation of 3rd Quarter scores for the Team. As per the initial data shared, the entire team performance was 94%. However, post-validation, the scores have come down to 82%, including your scores which dropped drastically. One of the batch examination scores was low, and when asked for a reason, you quoted that some of the students were addicted to drugs. This was mentioned without any proper background (medical reports).

The above acts amount to misconduct which, if proved, would warrant serious disciplinary action against you. You are hereby required to show cause within 24 hours of the receipt of this email as to why you should not be dismissed. Should you fail to submit your explanation as required, it will be presumed that you admit the charges and have no explanation to offer.

***************************************

My Response to the Show Cause Notice

Dear HR, Greetings of the day!

Please find below my responses to the concerns raised by you.

Point 1: Misrepresentation of 3rd Quarter Scores for the Team

Response:

1. The 94% scoring for Team Electrical was shared based on the team's understanding of the goal sheet parameters' achievement.
2. The scores were revised based on the detailed review conducted by my bosses on the scoring shared, which was revised to 82% as per the process.

Further, let me take this opportunity to throw light on the facts and figures related to the goal sheet scoring variations.

1. Incorrect scoring from our end was done for 1.5 marks only out of 326 marks.
2. 161 marks were agreed upon by both parties—me as well as my superiors.
3. We awarded 46 marks, which after a lot of discussion was reduced to 23 marks—this was accepted by us.
4. Student feedback was not considered by us because we were told it would be filled by the management later, which got added in the GnT afterwards.
5. There were a few points not agreed upon by us, and we awarded ourselves 84 marks, which were reduced to 64.7. I still insist that my score should be 84 marks. I am writing this with a lot of conviction since I know that my department has put in a lot of hard work. I am still pursuing the same with my superiors (If these marks were provided, I would have at least crossed 80% to 85%).

I have attached a detailed Excel sheet which provides all the above necessary information.

Point 2: Students Were Addicted to Drugs

My Response:

Let me tell you, I am the faculty in charge of the department, and I am not entitled to get medical tests done on the students who rarely attend my lecture or, in that case, even if they do attend my lecture.

Then the question arises, how do I come to this conclusion?

- We (the whole team) had seen a video sent by a student which showed students making/taking drugs, and one of them screamed "sir ko bol dunga" (This video is 1 year old, and we don't have the video right now, so I hope this is not asked as evidence).
- We have counseled the students not to do this, and then the students said, "NO, we WILL NOT DO IT."
- We have one more student who not only said that he will not do it but has also changed a lot. He belonged to the same group—he is now a changed person, and he has said that he will come and testify the same if required.

Now, why did I quote this in my report?

- I take the management as a parent with whom I feel I should be sharing all such info without any second thought and with full confidence that my management and superiors will take this feedback in a very constructive manner.
- If in every case I have to share the evidence (within my family), then either I will stop raising my voice or I will start collecting evidence for everything.
- As a leader, I felt I should inform you of the true reason for the failure, and so I just did the same.

Most importantly, let me mention that my sharing my honest views on the above-mentioned points has been taken as a misrepresentation of data/information. It's my humble request to you to kindly explain the merit behind serving me a show cause notice for my honest feedback.

**********************************

HR's Response

Hi, Please find our response.

Response: Misrepresentation of Scores

The goal sheets and scores are supposed to be validated by you, point by point, prior to submission to your boss. As an HOD/Faculty In Charge, it is your responsibility to validate data submitted by your team and also take ownership of what has been missed out. By your response, it seems you have just shifted the blame on the team and washed your hands of it.

We can understand a variance of 5% of the scores; however, it was found that the variance here was around 10% for the team and 24% in your case, which is huge. There could be only two reasons for this:

- Either you are not competent enough to interpret team data and assess them, or
- You have on purpose misrepresented data, which is an integrity issue.

This is a violation of the Code of Conduct policy on the grounds of integrity and has serious consequences.

Response: Students & Drug Addiction

In the above case, you have already mentioned that the students were confronted by you and they had admitted that they will not repeat it. In which case, the matter was already closed, and the character assassination of our students was not required. If you were so confident that these students would not clear the exams, why did you allow them to sit for the exam? Have you sent a mail to your Centre Head seeking permission to withhold the selected students?

A student is an official representative of an institute. If you as an HOD/Faculty In Charge label him as a drug addict, it will reflect his character and his future/career while affecting the brand of the institute. As the HOD/Faculty In Charge, such justification for low scores is extremely irresponsible. Our concern here is the labeling of the students with harsh judgmental statements, which is not acceptable to the management. By these actions, you have clearly violated the principles of our organization and have not introspected yourself or the team to find areas of improvement within and the team, which showcases your attitude as a complacent leader. Kindly present all details to higher management on Thursday, 5 July 2018.

*******************************************

After this email from HR, I met the management, and it seems all they want is an apology from my end. After this, the whole email trail stopped. Then on 23 July, after 20 days, I resigned, stating I am willing to serve the complete notice period. The question remains the same: can they terminate me?

From India
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