Hi All, I was a star performer with one of the Fortune 500 companies in Bangalore, India. Recently, I was going through a personal crisis, and to avoid the impact on my professional career, I applied for a long leave of 25 days. The leave was initially approved by my reporting manager, but it was later rejected, stating that the approval was a mistake. The company also conducted an audit review on me, during which I was available on the phone and cleared all allegations. In distress, I requested HR and Business to allow me to work from another business location, but this request was denied. This situation continued for two weeks, with the company sending me emails requesting me to report to the office. However, I needed a couple more days to deal with my personal issues. Despite being available from the 26th onwards, the HR team was not open to reconsidering the decision and proceeded with my termination on June 25, 2015. I complied by submitting my office belongings.
Questions Regarding Termination
Now, I have some questions:
1) If an employee is in personal distress and applies for leave to address it, how ethical is it for the company to cancel the leave without solid reasoning?
2) If the employee has successfully cleared all audit reviews, why was termination the chosen course of action?
3) Why couldn't HR reconsider the decision, especially considering the employee's previous performance as a star performer?
Today, I am shattered by the thought of termination and feel helpless regarding my company's decision. I would also like to understand my rights and explore what actions I can take to address this situation.
Regards,
Praveen
From India, Bangalore
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Questions Regarding Termination
Now, I have some questions:
1) If an employee is in personal distress and applies for leave to address it, how ethical is it for the company to cancel the leave without solid reasoning?
2) If the employee has successfully cleared all audit reviews, why was termination the chosen course of action?
3) Why couldn't HR reconsider the decision, especially considering the employee's previous performance as a star performer?
Today, I am shattered by the thought of termination and feel helpless regarding my company's decision. I would also like to understand my rights and explore what actions I can take to address this situation.
Regards,
Praveen
From India, Bangalore
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Professional and Personal Matters: A Delicate Balance
What has happened with you is quite unfortunate; nevertheless, we should keep professional and personal matters separate. It is our profession that gives us bread and butter. Its primacy must be cherished unwaveringly, and by no account should we allow our personal matters to impinge on the profession.
Replies to your questions are given in *italics*:
1) If an employee is in personal distress and applies for leave to deal with it, then how ethical is it for the company to cancel them with no solid reasoning?
*Comment: Employee leave is a privilege and not an entitlement. Organizations work on this premise. In the leave policy, generally, this statement is included. Nevertheless, first to approve the leave and then withdraw the approval is ham-handedness. Why did you not escalate the matter then? You could have knocked on the doors of HR at that time.*
2) Also, if the employee has cleared all audit reviews, then why this termination?
*Comment: That the objections against you are cleared is your perception. Did the company issue you any written communication to this effect? Possibly, your leave was canceled because of the pending audit objections. Your organization wanted you to be available personally for the clarifications, if any. Secondly, has HR mentioned clearly that you have been terminated because of the audit objections against you? Thirdly, the company had sent you emails to report to the office, yet you were absent. Therefore, unauthorized absence could be the reason for your termination.*
3) Why cannot HR reconsider the decision if the employee was a star performer?
*Comment: Performance and indiscipline need to be seen separately. There cannot be a trade-off between these two. When you performed well, your company recognized it and possibly awarded you suitably. However, when you breached the line of discipline, it came heavily on you. Whether to show clemency for indiscipline or not is a subjective matter. There is more than one interpretation. Yes, star performers are cajoled in a few organizations. But then it is their luck.*
Above all, gentleman, it appears that you have been ambushed. You could be under the scanner of authorities, and they were waiting for the chance to strike. Audit objections and unauthorized absence came in handy to strike against you.
Final Comments: Steps to Address Termination
Employee termination should be based on a domestic inquiry. Did your company conduct the domestic inquiry? Did they give a chance for you to prove your point? If not, then your organization has faulted on this count. You may challenge your termination. However, before taking a course of litigation, I recommend you put in the application to your MD to show clemency and reinstate your services. Possibly your MD may agree, but you may have to partake in something. Your wages could be reduced, or you could be demoted. Accept it. If the MD also remains inexorable, then you may file a suit for illegal termination. The suit could force the other party to bring to the negotiation table.
Other senior members will also give their opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
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8113What has happened with you is quite unfortunate; nevertheless, we should keep professional and personal matters separate. It is our profession that gives us bread and butter. Its primacy must be cherished unwaveringly, and by no account should we allow our personal matters to impinge on the profession.
Replies to your questions are given in *italics*:
1) If an employee is in personal distress and applies for leave to deal with it, then how ethical is it for the company to cancel them with no solid reasoning?
*Comment: Employee leave is a privilege and not an entitlement. Organizations work on this premise. In the leave policy, generally, this statement is included. Nevertheless, first to approve the leave and then withdraw the approval is ham-handedness. Why did you not escalate the matter then? You could have knocked on the doors of HR at that time.*
2) Also, if the employee has cleared all audit reviews, then why this termination?
*Comment: That the objections against you are cleared is your perception. Did the company issue you any written communication to this effect? Possibly, your leave was canceled because of the pending audit objections. Your organization wanted you to be available personally for the clarifications, if any. Secondly, has HR mentioned clearly that you have been terminated because of the audit objections against you? Thirdly, the company had sent you emails to report to the office, yet you were absent. Therefore, unauthorized absence could be the reason for your termination.*
3) Why cannot HR reconsider the decision if the employee was a star performer?
*Comment: Performance and indiscipline need to be seen separately. There cannot be a trade-off between these two. When you performed well, your company recognized it and possibly awarded you suitably. However, when you breached the line of discipline, it came heavily on you. Whether to show clemency for indiscipline or not is a subjective matter. There is more than one interpretation. Yes, star performers are cajoled in a few organizations. But then it is their luck.*
Above all, gentleman, it appears that you have been ambushed. You could be under the scanner of authorities, and they were waiting for the chance to strike. Audit objections and unauthorized absence came in handy to strike against you.
Final Comments: Steps to Address Termination
Employee termination should be based on a domestic inquiry. Did your company conduct the domestic inquiry? Did they give a chance for you to prove your point? If not, then your organization has faulted on this count. You may challenge your termination. However, before taking a course of litigation, I recommend you put in the application to your MD to show clemency and reinstate your services. Possibly your MD may agree, but you may have to partake in something. Your wages could be reduced, or you could be demoted. Accept it. If the MD also remains inexorable, then you may file a suit for illegal termination. The suit could force the other party to bring to the negotiation table.
Other senior members will also give their opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
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Leave Entitlement and Audit Review Queries
What was your leave entitlement in the company? Were you a star performer in a specific field? Is there a system of grading? What was the nature of the audit review? Were the audit queries discussed in writing and sorted out on paper? Do you have confirmation that the audit is clear?
Notwithstanding all these queries, an employee cannot be terminated without a proper domestic inquiry. If they have failed to hold an inquiry and terminated you, there is cause for you to take legal action.
Regarding Your Three Queries
- Leave is a privilege and not an entitlement.
- Have you received written clearance regarding audit queries?
- The law is the same for ordinary performers and star performers. However, from the facts narrated, the company did not show grace and kindness to an employee who badly needed leave.
From India, Pune
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What was your leave entitlement in the company? Were you a star performer in a specific field? Is there a system of grading? What was the nature of the audit review? Were the audit queries discussed in writing and sorted out on paper? Do you have confirmation that the audit is clear?
Notwithstanding all these queries, an employee cannot be terminated without a proper domestic inquiry. If they have failed to hold an inquiry and terminated you, there is cause for you to take legal action.
Regarding Your Three Queries
- Leave is a privilege and not an entitlement.
- Have you received written clearance regarding audit queries?
- The law is the same for ordinary performers and star performers. However, from the facts narrated, the company did not show grace and kindness to an employee who badly needed leave.
From India, Pune
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Dear Praveen, The heading of your post "Employee Termination Without Logical Reasoning" is a little inappropriate. I have changed it to "Employee Termination Without Valid Reasons."
Definition of Logical Reasoning
Logical reasoning is defined as: "Logical reasoning is the process of using a rational, systematic series of steps based on sound mathematical procedures and given statements to arrive at a conclusion. Geometric proofs use logical reasoning and the definitions and properties of geometric figures and terms to state definitively that something is always true."
Thanks,
Dinesh Divekar
From India, Bangalore
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Definition of Logical Reasoning
Logical reasoning is defined as: "Logical reasoning is the process of using a rational, systematic series of steps based on sound mathematical procedures and given statements to arrive at a conclusion. Geometric proofs use logical reasoning and the definitions and properties of geometric figures and terms to state definitively that something is always true."
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Praveen, I concur with Dinesh Divekar's advice. In addition, you may also need to refer to the termination policy handbook and its guidelines that prevail in your organization or that you have accepted in your offer of appointment, if any. You may also need to consider the fact that once your leaves were canceled, you should have reported back to work, and upon approval only, you should have taken the entitlement.
In all, the only approach is to write a note to the head of the organization and request a chance to reconsider or follow the litigation approach. However, the latter only consumes time and money; decisions here generally take a while.
We wish you good luck and may you achieve success in your endeavors.
Regards, Gurmeet
From India, Gurgaon
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In all, the only approach is to write a note to the head of the organization and request a chance to reconsider or follow the litigation approach. However, the latter only consumes time and money; decisions here generally take a while.
We wish you good luck and may you achieve success in your endeavors.
Regards, Gurmeet
From India, Gurgaon
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