Dear All, I need your suggestions to resolve this issue. There is a sales employee based in Delhi whose performance was not up to the mark. In light of his performance, the management decided to terminate him. We have sent him a termination letter via registered AD, and he has accepted it.
Legal Notice from Employee
Now, he has sent a legal notice to the company claiming illegal termination of service and expressing his desire to continue working with the company. We have all the proofs of his performance since his date of joining.
Please guide us on how to handle this issue and how to part ways with this employee without any further hassle.
Thanks in advance.
Kumar Nair
From India, Thane
Acknowledge(0)
Amend(0)
2Legal Notice from Employee
Now, he has sent a legal notice to the company claiming illegal termination of service and expressing his desire to continue working with the company. We have all the proofs of his performance since his date of joining.
Please guide us on how to handle this issue and how to part ways with this employee without any further hassle.
Thanks in advance.
Kumar Nair
From India, Thane
Acknowledge(0)Amend(0)
Termination Proceedings and Natural Justice
Termination proceedings need to be backed up by principles of natural justice. Has the person concerned been warned and counseled? Has his non-performance been recorded and informed to him, and chances for improvement given? Has he been paid his dues as per the offer letter on termination? He has accepted the termination, and now his case is weakened to that extent.
Responding to Allegations of Illegal Termination
On what grounds did he allege illegal termination? Your advocate can take up the matter of replying to the legal notice in an appropriate manner. Legal challenges are to be met legally, and if your documentation is proper, there should be no cause for worry.
From India, Pune
Acknowledge(2)
Amend(0)
Termination proceedings need to be backed up by principles of natural justice. Has the person concerned been warned and counseled? Has his non-performance been recorded and informed to him, and chances for improvement given? Has he been paid his dues as per the offer letter on termination? He has accepted the termination, and now his case is weakened to that extent.
Responding to Allegations of Illegal Termination
On what grounds did he allege illegal termination? Your advocate can take up the matter of replying to the legal notice in an appropriate manner. Legal challenges are to be met legally, and if your documentation is proper, there should be no cause for worry.
From India, Pune
Acknowledge(2)Amend(0)
Dear Shritik Nair, you have received notice from the employee's lawyer because the termination is illegal. Yes, it is illegal because it appears that before his termination, you did not conduct the domestic inquiry. Principles of natural justice demand conducting such an inquiry.
For Mr. Nathrao: The fifth sentence of your reply says he has accepted the termination and now his case is weakened to that extent. Acceptance of a termination letter does not weaken the case of the employee. He is not expected to be an expert in the field of labor law. Labor courts and various high courts have given rulings that termination after the issue of a show-cause notice is also illegal. Nothing substitutes a domestic inquiry, and furthermore, it should not be vitiated.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(4)
Amend(0)
For Mr. Nathrao: The fifth sentence of your reply says he has accepted the termination and now his case is weakened to that extent. Acceptance of a termination letter does not weaken the case of the employee. He is not expected to be an expert in the field of labor law. Labor courts and various high courts have given rulings that termination after the issue of a show-cause notice is also illegal. Nothing substitutes a domestic inquiry, and furthermore, it should not be vitiated.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(4)Amend(0)
Dear Shritik Nair, it is already Mr. Nath Rao and Mr. Divekar who have given their opinions on the matter based on the information provided in the post. As per your statement, the employee has signed the copy of the termination as his acceptance, which you sent to him via registered post. If this is the case, there is nothing to worry about. However, if you do not have a copy of the acknowledgment of the postal AD, then it is a matter of concern.
As an HR professional, you should act according to the norms. However, in this particular case, it seems you have not applied your mind and have acted whimsically. Have you referred to the clause of appointment before the termination? The termination should have been with notice but without an allegation.
The facts provided in the post are incomplete, and you have not shared the contents of the notice received from the advocate of the terminated employee. I do not believe anyone will be in a position to suggest anything useful without this information.
If you had contacted any member of the forum before taking any action, they could have suggested how to proceed. It would be better for you to hire a good lawyer who specializes in labor cases in the High Court or Tribunal for this matter.
NB: For esteemed members; Please discuss the following: [The termination should have been with notice but without an allegation.]
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
As an HR professional, you should act according to the norms. However, in this particular case, it seems you have not applied your mind and have acted whimsically. Have you referred to the clause of appointment before the termination? The termination should have been with notice but without an allegation.
The facts provided in the post are incomplete, and you have not shared the contents of the notice received from the advocate of the terminated employee. I do not believe anyone will be in a position to suggest anything useful without this information.
If you had contacted any member of the forum before taking any action, they could have suggested how to proceed. It would be better for you to hire a good lawyer who specializes in labor cases in the High Court or Tribunal for this matter.
NB: For esteemed members; Please discuss the following: [The termination should have been with notice but without an allegation.]
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you for your comment. I would like to clarify that my comment in the 5th line is based on positive responses to earlier queries. If the individual has been counseled, corrected, advised, or warned previously regarding poor performance, he can be terminated simpliciter without stigma.
Considering this, I believe that if the termination letter is willingly accepted at that time without any written objections, it can be presumed that the termination was voluntarily accepted as a mode of ending the job contract. However, this response is speculative and based on assumptions as outlined in the first four sentences.
From India, Pune
Acknowledge(0)Amend(0)
Considering this, I believe that if the termination letter is willingly accepted at that time without any written objections, it can be presumed that the termination was voluntarily accepted as a mode of ending the job contract. However, this response is speculative and based on assumptions as outlined in the first four sentences.
From India, Pune
Acknowledge(0)Amend(0)
Dear colleague,
You should have consulted before taking action of termination or shared contents of your termination letter as well as the lawyer's letter to advise properly. I think the person has acknowledged the receipt of the termination letter and not the action of termination. Otherwise, why would he send a lawyer's notice? Now the ball has gone to legal court. Reply to him after obtaining labor law expert's advice and proceed.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(1)Amend(0)
You should have consulted before taking action of termination or shared contents of your termination letter as well as the lawyer's letter to advise properly. I think the person has acknowledged the receipt of the termination letter and not the action of termination. Otherwise, why would he send a lawyer's notice? Now the ball has gone to legal court. Reply to him after obtaining labor law expert's advice and proceed.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(1)Amend(0)
You have to make him continue his services, modify the termination letter as a warning letter. Also, you can warn him that if there is no performance found within 2 months or so, we will terminate you by issuing a termination letter.
Note that receiving the letter by Registered post doesn't mean that he has accepted it. He can go to the Labor Office and can win the case easily if you have not officially issued any warning letter to him before.
From India, Hyderabad
Acknowledge(0)Amend(0)
Note that receiving the letter by Registered post doesn't mean that he has accepted it. He can go to the Labor Office and can win the case easily if you have not officially issued any warning letter to him before.
From India, Hyderabad
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc