I am facing disciplinary action for doing work beyond my authority. HR has suspended me and later issued a charge sheet requiring my presence at a hearing. They stated in the charge sheet that my actions could lead to immediate termination once proved.
Can I resign with immediate effect on the day of the hearing?
Will the employer accept the resignation or proceed with termination? If terminated, will it affect future employment as I have another job offer in hand? Please help immediately as I have only one day.
From India, New Delhi
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Can I resign with immediate effect on the day of the hearing?
Will the employer accept the resignation or proceed with termination? If terminated, will it affect future employment as I have another job offer in hand? Please help immediately as I have only one day.
From India, New Delhi
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Resignation During Disciplinary Action
It is discernible from the post that the poster had consciously acted beyond his authority for reasons best known to himself, and only as a measure of face-saving, he intends to resign. No employer would normally entertain the resignation of an employee facing disciplinary action. If the employer rejects his resignation on the grounds of pending charges, proceeds with the disciplinary action, and terminates him, certainly it would be stigmatic and affect the poster's future employment elsewhere. All depend on the gravity of the misconduct, its impact on the organization, and the particular employer's attitude. If the employer takes a lenient view, who knows, he may drop the entire disciplinary action and accept the poster's resignation.
Better, the poster may seek an audience with the CEO, admit his guilt unconditionally, and politely convince him to accept his resignation and make his exit peaceful.
From India, Salem
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6108It is discernible from the post that the poster had consciously acted beyond his authority for reasons best known to himself, and only as a measure of face-saving, he intends to resign. No employer would normally entertain the resignation of an employee facing disciplinary action. If the employer rejects his resignation on the grounds of pending charges, proceeds with the disciplinary action, and terminates him, certainly it would be stigmatic and affect the poster's future employment elsewhere. All depend on the gravity of the misconduct, its impact on the organization, and the particular employer's attitude. If the employer takes a lenient view, who knows, he may drop the entire disciplinary action and accept the poster's resignation.
Better, the poster may seek an audience with the CEO, admit his guilt unconditionally, and politely convince him to accept his resignation and make his exit peaceful.
From India, Salem
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The Importance of a Fair Inquiry Process
To convey in the charge sheet the punishment of termination even before the inquiry is held and the charges are proved shows that the inquiry is a mere empty formality and very likely to be vitiated. Mentioning the punishment in the charge sheet itself is a gross error and could work against the management. Furthermore, the punishment given if and when the charges are proven must be proportionate to the gravity of the misconduct.
Considerations for Facing an Inquiry
If your past service record is clean and the charges you are facing are not considered serious, or if the management may later take a lenient view, in my opinion, you should contest and face the inquiry. Depending on how the inquiry is progressing and if you believe things are going against you (at every stage, consult with a legal expert), consider exploring resigning at the appropriate time instead of immediately.
There is a significant gap between a cup and the lip, and any hasty decision may be premature. I am advising this because there is still quite some time for the domestic inquiry to be completed, the outcome to be known, and perhaps some unforeseen circumstances may unfold in your favor.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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To convey in the charge sheet the punishment of termination even before the inquiry is held and the charges are proved shows that the inquiry is a mere empty formality and very likely to be vitiated. Mentioning the punishment in the charge sheet itself is a gross error and could work against the management. Furthermore, the punishment given if and when the charges are proven must be proportionate to the gravity of the misconduct.
Considerations for Facing an Inquiry
If your past service record is clean and the charges you are facing are not considered serious, or if the management may later take a lenient view, in my opinion, you should contest and face the inquiry. Depending on how the inquiry is progressing and if you believe things are going against you (at every stage, consult with a legal expert), consider exploring resigning at the appropriate time instead of immediately.
There is a significant gap between a cup and the lip, and any hasty decision may be premature. I am advising this because there is still quite some time for the domestic inquiry to be completed, the outcome to be known, and perhaps some unforeseen circumstances may unfold in your favor.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc