If an employee is terminated by the employer without any prior notice and is forced to leave immediately with the notice period salary, can the employer, by forcing the employee to provide a resignation letter, do this to an employee holding a senior manager position? Are there any possibilities to claim or take legal action against the employer after a year?
From India, Dindigul
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From India, Dindigul
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Dear Rcharchae, your post is too short. Could you please clarify the issue that led to your termination? Understanding the reason will help us provide a better solution.
Notice Period and Termination Details
In accordance with your appointment letter, what is the notice period, and was it honored by your company? Was the termination related to performance, and were there any prior warning letters issued for poor performance?
I recently engaged in a discussion similar to your situation. You can review my responses without the need to revisit the original post by following this link: https://www.citehr.com/showthread.php?t=598185
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Notice Period and Termination Details
In accordance with your appointment letter, what is the notice period, and was it honored by your company? Was the termination related to performance, and were there any prior warning letters issued for poor performance?
I recently engaged in a discussion similar to your situation. You can review my responses without the need to revisit the original post by following this link: https://www.citehr.com/showthread.php?t=598185
Thanks,
Dinesh Divekar
From India, Bangalore
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I think this is a one-sided story from the affected employee's perspective. However, irrespective of the employment status of the employee, forced resignation is totally unprofessional and unethical. If proven, it would be declared illegal by the competent court or authority. Yet, how would you prove this after a lapse of one year, especially when the management had accepted your apparent prospective resignation forthwith by paying you notice salary from their side?
Since the concerned employee belongs to the senior management cadre, it would be better for him to do dispassionate introspection as to how and where things went wrong because, at times, efficiency leads to insubordination, but insubordination always ends in incompetence.
From India, Salem
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Since the concerned employee belongs to the senior management cadre, it would be better for him to do dispassionate introspection as to how and where things went wrong because, at times, efficiency leads to insubordination, but insubordination always ends in incompetence.
From India, Salem
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Background of the Organization
This is an IT division of a manufacturing organization, which is a separate entity. We provide support to the group companies involved in manufacturing, as well as to outside clients.
My Experience as a Senior Manager
I worked with the organization as a senior manager from 2014. In 2017, the organization informed me that they didn't have sufficient orders to retain me. They wanted to relieve me immediately without providing a proper reason. I didn't receive any prior intimation. After a lengthy discussion, they finally agreed to pay me three months' notice period salary but forced me to submit a resignation letter before releasing the payment.
Current Status of the Organization
The organization continues to operate without any issues, and the group companies are also running smoothly without any signs of closure.
From India, Dindigul
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This is an IT division of a manufacturing organization, which is a separate entity. We provide support to the group companies involved in manufacturing, as well as to outside clients.
My Experience as a Senior Manager
I worked with the organization as a senior manager from 2014. In 2017, the organization informed me that they didn't have sufficient orders to retain me. They wanted to relieve me immediately without providing a proper reason. I didn't receive any prior intimation. After a lengthy discussion, they finally agreed to pay me three months' notice period salary but forced me to submit a resignation letter before releasing the payment.
Current Status of the Organization
The organization continues to operate without any issues, and the group companies are also running smoothly without any signs of closure.
From India, Dindigul
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Dear colleague,
Nothing much can be done at this stage because:
1. You resigned and accepted 3 months' salary in lieu of notice.
2. A long period has passed.
3. You held a managerial position.
This is a bit of a belated matter.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Nothing much can be done at this stage because:
1. You resigned and accepted 3 months' salary in lieu of notice.
2. A long period has passed.
3. You held a managerial position.
This is a bit of a belated matter.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Withdrawl of Resignation and Notice period.doc