Hi,
An employee resigned from the services in 4 days, citing personal issues. When asked to serve the notice period, he is refusing to do so and demanding immediate termination. Can anyone guide me on how to tackle this situation?
From India, Bangalore
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An employee resigned from the services in 4 days, citing personal issues. When asked to serve the notice period, he is refusing to do so and demanding immediate termination. Can anyone guide me on how to tackle this situation?
From India, Bangalore
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The reason for this sort of abnormal behavior is he might have got a good offer elsewhere. If the employee is not willing to serve the notice period, then you don't have any options. Tell him, "Okay, we will terminate, but the same will be mentioned in your service and relieving letters as well as communicated when we receive any reference check on your behalf from any company. Could you please specify whether the employee is a fresher or experienced?"
From India, Madras
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53From India, Madras
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The employee is an experienced person, and he is not asking for any relieving letter, experience letter, or salary for 4 days. Do you suggest it is better to send him the termination letter? Can we take any legal action to make him pay the notice period amount?
From India, Bangalore
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From India, Bangalore
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Dear,
He has just served for 4 days, and nobody will write "4 days service" on his resume, so he does not need a relieving letter. In my view, you should forget about him and search for a new employee. There is no use in going for litigation, and you will not gain anything from it.
Regards,
JS Malik
From India, Delhi
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He has just served for 4 days, and nobody will write "4 days service" on his resume, so he does not need a relieving letter. In my view, you should forget about him and search for a new employee. There is no use in going for litigation, and you will not gain anything from it.
Regards,
JS Malik
From India, Delhi
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You mentioned that he is not expecting an experience letter or four days' salary from your firm. This indicates that he may have received a better opportunity in another company. If you believe he is truly suitable for the assigned job, have a discussion with him once more regarding job continuation or any salary issues. If this discussion is unsuccessful, proceed with the legal exit formalities.
Regards,
Nelson
Chennai
From India, Bangalore
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Regards,
Nelson
Chennai
From India, Bangalore
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Please leave the gentleman from the services, sit and work out what made him take the decision.
Think from the time of recruitment, the interview process, the salary negotiation process, the job description for him.
How many people have left from your organization like this (in a short span)?
Analyze and avoid the same in the future.
From India, Coimbatore
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Think from the time of recruitment, the interview process, the salary negotiation process, the job description for him.
How many people have left from your organization like this (in a short span)?
Analyze and avoid the same in the future.
From India, Coimbatore
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Hi,
I would suggest giving him termination, specifying that he has submitted within 4 days and is not willing to serve the notice period. Therefore, you are terminating him with immediate effect, even if it's for 4 days, and keep it for your records.
Regards,
Liz
From Australia, Adelaide
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I would suggest giving him termination, specifying that he has submitted within 4 days and is not willing to serve the notice period. Therefore, you are terminating him with immediate effect, even if it's for 4 days, and keep it for your records.
Regards,
Liz
From Australia, Adelaide
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Something is wrong either with him or your organization. What caused him to exit within 4 days? There may be valid reasons; try to identify those reasons for analysis. No one can prevent him from resigning on his own. If he has received salary or reimbursement for joining expenses, there is a need to follow up. It might be better to let him go.
From India, Lucknow
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From India, Lucknow
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Same thing happened in our organization. The employee simply left without notice period. When we asked him to serve notice period, he simply said, "I don't need any Full and Final settlement and also experience certificate or relieving letter."
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There is definitely something more than meets the eye. You need to look inwards to see how this person was treated upon joining. Surely, he has a better offer undoubtedly. Don't waste your time; go ahead and look for a replacement. You can change a person's destination, not his destiny.
- Col Ronnie Chhibber
From India, Delhi
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- Col Ronnie Chhibber
From India, Delhi
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Hi, just get rid of the mess. Have his name blackmarked in your HR records so that in the future if he comes to you for a job, he cannot get employed in your company. If the guy does not want any remuneration, relieving order, or other details, you can do nothing. Good riddance. Imagine if the guy had been in your company for some time. He would have been a rotten apple and spoiled the good ones. As they say, "every bad thing reveals a good opportunity." Here his character is revealed.
From India, Madras
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From India, Madras
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Hi,
This same question had come in 2 days back from somebody saying, "My friend got a very good onsite offer 4 days after joining a company... please help how can he get out of the company without any hassles."
So now, you have the HR perspective on this issue!
Yes, just relieve him. If he doesn't want 4 days' salary, no experience letter, all that you can do is mark him as never to hire in the future, if that serves your irritation ;)
This can happen with any organization sometimes. There's no need to panic about the organizational culture, but yes, if you are releasing him on good terms, you can conduct an exit interview just to ascertain the real cause - whether it is his personal reason or if your organization could have done anything to retain him.
Thanks,
Geeta
From Korea, Seoul
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This same question had come in 2 days back from somebody saying, "My friend got a very good onsite offer 4 days after joining a company... please help how can he get out of the company without any hassles."
So now, you have the HR perspective on this issue!
Yes, just relieve him. If he doesn't want 4 days' salary, no experience letter, all that you can do is mark him as never to hire in the future, if that serves your irritation ;)
This can happen with any organization sometimes. There's no need to panic about the organizational culture, but yes, if you are releasing him on good terms, you can conduct an exit interview just to ascertain the real cause - whether it is his personal reason or if your organization could have done anything to retain him.
Thanks,
Geeta
From Korea, Seoul
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User input: It is clear that he is not willing to work with you, probably for one reason or another. You will have to analyze the reason why he is leaving in such a short span of time so that you can avoid such situations in the future. Take the exit interview of the employee, relieve him by completing his final settlement, and look for another candidate. I also think that you need to strengthen the recruitment process.
Regards,
SS
From India, Delhi
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Regards,
SS
From India, Delhi
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I agree with Mr. J. S. Malik and Mr. M. Peer. Without any panic, just relieve him after taking the exit interview. And rethink your interview process, salary negotiation, employee joining formalities, induction process, organization announcement, etc. If you find any faults in the above processes, try to eliminate them for the future and never resort to any litigation. Always try to make those who are leaving you happy or satisfied. Thanks and Regards, Ranjeet 9958246555
From India, New Delhi
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From India, New Delhi
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Hey,
It's so obvious he got a better offer. He cannot state the real reason to your org. I understand the difficulty the org goes through in such cases, where you would have waited for the person to join and informed others that they have not been selected.
However, you have no choice but to let go of the person. Please let him know that never in the future will he be considered for any position within the company or its sister concerns. He needs to serve notice - else pay the service period salary (I am sure you mentioned this in the appointment letter).
Do you have a copy of the signed appointment letter? Keep it with you in case he states he will never agree that he has accepted an offer. Please let him know that any references regarding him in the future will have a negative response if he is not serving the notice period. The rest is left to him to decide.
From India, Coimbatore
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It's so obvious he got a better offer. He cannot state the real reason to your org. I understand the difficulty the org goes through in such cases, where you would have waited for the person to join and informed others that they have not been selected.
However, you have no choice but to let go of the person. Please let him know that never in the future will he be considered for any position within the company or its sister concerns. He needs to serve notice - else pay the service period salary (I am sure you mentioned this in the appointment letter).
Do you have a copy of the signed appointment letter? Keep it with you in case he states he will never agree that he has accepted an offer. Please let him know that any references regarding him in the future will have a negative response if he is not serving the notice period. The rest is left to him to decide.
From India, Coimbatore
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Hi,
Please issue a termination letter even if an employee works for only one day to be filed in your records. Let him go, but before that, find out the exact reason during the exit interview so that you can avoid such instances in the near future.
S.P. REDDY
From India, Bangalore
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Please issue a termination letter even if an employee works for only one day to be filed in your records. Let him go, but before that, find out the exact reason during the exit interview so that you can avoid such instances in the near future.
S.P. REDDY
From India, Bangalore
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Firstly, find the cause for his decision to resign. I suggest that if he is not willing to disclose the reason, then ask him to pay the notice period. If he refuses, then the only option left is to terminate his services.
In my opinion, no employee will resign from the organization within 4 days unless they have a more lucrative offer than yours. This serves as a good eye-opener for the future recruitment process.
Without conducting an analysis, we cannot pinpoint the real cause for his departure.
From India, Bangalore
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In my opinion, no employee will resign from the organization within 4 days unless they have a more lucrative offer than yours. This serves as a good eye-opener for the future recruitment process.
Without conducting an analysis, we cannot pinpoint the real cause for his departure.
From India, Bangalore
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Hi Folks,
As I see it, the flaw lies in the hiring organization. If the new employee has resigned in four days, obviously something has seriously upset him or put him off. So please start introspecting and looking at his point of view rather than defending your actions or traditions/customs.
It is not necessary that he got a better offer. There is also a possibility that he may not have resigned from his previous company and may have been testing the waters in yours. The environment in your company did not suit him, and so he went back. Yet another possibility is that he was so put off that he preferred being unemployed than being with your company. I am only expressing possibilities - we do not know for sure unless we do an exit interview, and even then we may not be sure.
Ultimately, you need to analyze what happened in your organization. Imagine your loss in terms of money, time, effort, energy, etc.
Best regards,
Ajay Chaudhari
From India, New Delhi
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As I see it, the flaw lies in the hiring organization. If the new employee has resigned in four days, obviously something has seriously upset him or put him off. So please start introspecting and looking at his point of view rather than defending your actions or traditions/customs.
It is not necessary that he got a better offer. There is also a possibility that he may not have resigned from his previous company and may have been testing the waters in yours. The environment in your company did not suit him, and so he went back. Yet another possibility is that he was so put off that he preferred being unemployed than being with your company. I am only expressing possibilities - we do not know for sure unless we do an exit interview, and even then we may not be sure.
Ultimately, you need to analyze what happened in your organization. Imagine your loss in terms of money, time, effort, energy, etc.
Best regards,
Ajay Chaudhari
From India, New Delhi
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I am not a person from HR, but when I read views of many HR personnel here to solve certain critical situations in the company, they immediately start talking in terms of laws and rules of the company. I understand HR is dealing with HUMAN and not with animals and the dead. They should not forget that laws and rules are made to protect the interests of both the organization and employees. Many a time, the situation may be the same, but the reasons behind it are different. Hence, the situation is not as important as the real reasons behind it. I wish HR would go in depth when anything goes against the law or rule of the company and should try to smoothen the work and environment of the company. I do not want to say that punishment is not required. Remember, punishment is a tool, and if you do not know how to use it, then the same can kill the morale of other employees. HR must know how and when to use that tool. A flute can produce beautiful music, and the same can be hit on the head. It all depends on who holds it: a Musician or Mussolini. "Fear is the key" in Western culture, whereas "Love is the key" in Indian culture. But most HR people learn from the books of Western authors, hence their mindset also becomes like that. This is the most unfortunate part, but it is also unavoidable. I wish HR would use more intellect rather than rules.
From India, Ahmadabad
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From India, Ahmadabad
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BKR, sorry for the delay in posting.
At this stage, it doesn't matter that the worker has gone. The question is, what can be done in the future to eliminate this from happening again?
A good employee retention program does not begin after a hire but is part of the recruitment process. Ask open-ended questions, run reference checks, and conduct in-depth interviews. Possibly conduct team interviews to gather several opinions on the same candidate.
I agree with one of the posts that this individual will not list you as a past employer or reference. However, if the individual has worked for you for 4 days, the right thing to do is to pay him for the time worked. This is the right thing to do. That way, you will have it on file, and it will show the professionalism of your organization.
Be well! :mrgreen:
Dr. Marc
PS 63:7
From United States, Calhoun
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At this stage, it doesn't matter that the worker has gone. The question is, what can be done in the future to eliminate this from happening again?
A good employee retention program does not begin after a hire but is part of the recruitment process. Ask open-ended questions, run reference checks, and conduct in-depth interviews. Possibly conduct team interviews to gather several opinions on the same candidate.
I agree with one of the posts that this individual will not list you as a past employer or reference. However, if the individual has worked for you for 4 days, the right thing to do is to pay him for the time worked. This is the right thing to do. That way, you will have it on file, and it will show the professionalism of your organization.
Be well! :mrgreen:
Dr. Marc
PS 63:7
From United States, Calhoun
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I think if he wants to go, then let him go. Even if he remains in your office, he will not be productive enough. But next time when you give an offer letter to anyone, specify that he cannot leave the job without giving one or more months' prior notice, or legal action will be taken against him.
From India, Thana
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From India, Thana
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A bad dream, eh... Is there a clause in the appointment order for seeking notice period? Normally, an employee is appointed on probation, and in many cases termination without any notice period is provided therein, unless the post is sufficiently higher. In case there is a notice period clause, then you are legally entitled to it. If so, start the process with a demand notice. Let him understand that this is no child's play. A sound advocate can help you recover the notice period salary. Meanwhile, you need to look into the disconcerting incident.
Regards,
KK Nair
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Regards,
KK Nair
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Dear,
It's better to relieve him. If you go for legal steps, it will be a waste of money only. As suggested by Malini, he might have a better offer, and nobody will leave a good opportunity if available.
Make sure you do some internal search work on this issue to avoid this situation in the future. If you are hiring through consultants, they should be involved in the matter and asked to provide employees who can complete the desired time period in the organization. Give them a minimum time frame; if the employee hired through them does not complete the time period, then their payments should not be fully paid. This will make consultants more aware of the company's needs.
Please correct if wrong.
Regards
From India, Mumbai
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It's better to relieve him. If you go for legal steps, it will be a waste of money only. As suggested by Malini, he might have a better offer, and nobody will leave a good opportunity if available.
Make sure you do some internal search work on this issue to avoid this situation in the future. If you are hiring through consultants, they should be involved in the matter and asked to provide employees who can complete the desired time period in the organization. Give them a minimum time frame; if the employee hired through them does not complete the time period, then their payments should not be fully paid. This will make consultants more aware of the company's needs.
Please correct if wrong.
Regards
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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