Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against him, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please provide your suggestions.
From India, Patna
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If someone is terminated from a company without a show-cause notice due to some allegation against him, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please provide your suggestions.
From India, Patna
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[QUOTE=kumaarvivek;1158629]
Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against them, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please share your suggestions.
Vivek Mishra
From India, Patna
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Hi All Gurus,
If someone is terminated from a company without a show-cause notice due to some allegation against them, then is it legal or not? Can it be stated in writing that if you believe the allegation is incorrect, the termination can be reversed? Please share your suggestions.
Vivek Mishra
From India, Patna
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Understanding Termination Without Show-Cause Notice
If a person is on the management staff, there is often a story behind their termination. It is advisable to delve into the details before forming an opinion based on input from different people. If the individual belongs to the workman category, he or she can approach the labor authorities. In the case of managerial staff, it is better to stay away from those who do not think twice before believing allegations and terminating someone's employment.
For your satisfaction, you may prove the allegations are wrong without seeking re-employment. If the management team realizes their mistake, I don't think they will confide. My personal view is that one should try to clarify while still keeping a distance.
Regards,
Generalist91
From India
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2If a person is on the management staff, there is often a story behind their termination. It is advisable to delve into the details before forming an opinion based on input from different people. If the individual belongs to the workman category, he or she can approach the labor authorities. In the case of managerial staff, it is better to stay away from those who do not think twice before believing allegations and terminating someone's employment.
For your satisfaction, you may prove the allegations are wrong without seeking re-employment. If the management team realizes their mistake, I don't think they will confide. My personal view is that one should try to clarify while still keeping a distance.
Regards,
Generalist91
From India
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Legal and Organizational Implications of Termination Without Notice
Terminating someone without giving a show-cause notice and then revoking the termination order shows immaturity and recklessness. Ideally, you should have conducted a domestic inquiry. What stopped you from following the course of the law?
From the legal point of view, the termination order can be revoked, and the employee can continue to work in his/her present position. From the organization's point of view, instances of this kind vitiate the organization's climate. These impatient acts of management will breed distrust among the staff. You will not be able to retain the talent, let alone attract it. Instead of engagement, it will foster disengagement, and obviously, it will have a fallback on the productivity of the staff. More than legal, organizational implications are severe, and your management may take note of this.
Regards,
DVD
From India, Bangalore
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Terminating someone without giving a show-cause notice and then revoking the termination order shows immaturity and recklessness. Ideally, you should have conducted a domestic inquiry. What stopped you from following the course of the law?
From the legal point of view, the termination order can be revoked, and the employee can continue to work in his/her present position. From the organization's point of view, instances of this kind vitiate the organization's climate. These impatient acts of management will breed distrust among the staff. You will not be able to retain the talent, let alone attract it. Instead of engagement, it will foster disengagement, and obviously, it will have a fallback on the productivity of the staff. More than legal, organizational implications are severe, and your management may take note of this.
Regards,
DVD
From India, Bangalore
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Termination Without a Show-Cause Notice
Terminating without a show-cause notice can be done under some circumstances. If the employee has committed a heinous crime or misconduct, then they can be terminated without a show-cause notice if there is a clause in the Standing Orders of the Company that is applicable to them.
Secondly, the terminated employee can only be reinstated if the Board of Directors deems it appropriate.
From India, Mumbai
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Terminating without a show-cause notice can be done under some circumstances. If the employee has committed a heinous crime or misconduct, then they can be terminated without a show-cause notice if there is a clause in the Standing Orders of the Company that is applicable to them.
Secondly, the terminated employee can only be reinstated if the Board of Directors deems it appropriate.
From India, Mumbai
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There is no question of reverting the termination merely based on the thoughts of the terminated person. However, if the termination has been made without any show-cause notice, without giving the employee adequate opportunity to defend themselves, and without due consideration of the employee's reply to such termination, it would merely reflect a lack of professionalism and poor judgment on the part of the person who issued the termination order without proper consideration.
However, if the termination has been made erroneously, merely on the receipt of an allegation without any investigation or consideration of the clarification given by the employee, there is no harm in rectifying the mistake of the management by canceling the termination order.
Importance of Proper Termination Procedures
It MUST be borne in mind that termination or dismissal from services is not child's play. Due precautions and procedures must be observed before resorting to such actions by the management. Otherwise, it can be very costly for the management at times.
Regards,
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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However, if the termination has been made erroneously, merely on the receipt of an allegation without any investigation or consideration of the clarification given by the employee, there is no harm in rectifying the mistake of the management by canceling the termination order.
Importance of Proper Termination Procedures
It MUST be borne in mind that termination or dismissal from services is not child's play. Due precautions and procedures must be observed before resorting to such actions by the management. Otherwise, it can be very costly for the management at times.
Regards,
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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(Fact Checked)-The user reply contains accurate information regarding the necessity of following due process and the potential negative impact of hasty terminations on organizational climate and staff productivity. (1 Acknowledge point)