We are seeking advice on a challenging employee matter. We hired a staff member last year under the agreement that he would be trained and assigned to support our company’s services in the testing domain. While we expected a learning curve during the initial training phase (first two months), the employee started showing behavioral and performance issues shortly thereafter.
Over the past year, we have made consistent efforts to guide, mentor, and support him, considering he was new to the field. However, despite our efforts, we continue to face daily issues—ranging from poor work quality to unprofessional behavior, including:
- Approving projects with known issues, leading to losses for the company
- Avoiding accountability and often walking out of the office when questioned, citing health issues like headaches
- Recently submitted a medical receipt without a valid signature, and when queried about it, reacted aggressively and left the office
- Has already received multiple memos and formal warnings, but there has been no change in behavior or attitude
- The situation is now impacting team morale and client trust, and we are genuinely concerned about the long-term implications.
Given the history of poor conduct and repeated warnings, we would like to know:
- Is it legally and ethically appropriate to proceed with termination?
- And if so, what precautions or procedures should we follow to avoid complications?
Would appreciate insights from those who’ve handled similar cases.
From Singapore, Singapore
Over the past year, we have made consistent efforts to guide, mentor, and support him, considering he was new to the field. However, despite our efforts, we continue to face daily issues—ranging from poor work quality to unprofessional behavior, including:
- Approving projects with known issues, leading to losses for the company
- Avoiding accountability and often walking out of the office when questioned, citing health issues like headaches
- Recently submitted a medical receipt without a valid signature, and when queried about it, reacted aggressively and left the office
- Has already received multiple memos and formal warnings, but there has been no change in behavior or attitude
- The situation is now impacting team morale and client trust, and we are genuinely concerned about the long-term implications.
Given the history of poor conduct and repeated warnings, we would like to know:
- Is it legally and ethically appropriate to proceed with termination?
- And if so, what precautions or procedures should we follow to avoid complications?
Would appreciate insights from those who’ve handled similar cases.
From Singapore, Singapore
We have an employee based in India who is non-cooperative, and this is affecting the quality of our project as well as the morale of the team.
From Singapore, Singapore
From Singapore, Singapore
Surprisingly, you have endured the employee's incalcitrant behavior for a long time. You say that the employee has been issued multiple memos and formal warnings, but there has been no change in his behavior or attitude. However, do you have official records of the memos or the formal warnings?
Issuing a Show-Cause Notice
Now it is high time to issue the show-cause notice. In the show-cause notice, write the exact misconduct the employee committed and the losses suffered by the company. The tone of the show-cause notice should be directive and not accusatory. Give a deadline by which he should submit the reply. If you do not receive the reply or if the reply is not satisfactory, you are free to initiate severe disciplinary action, which could be termination of employment.
Considering Punishment Options
If the top leadership is large-hearted and thinks that the punishment can reform the behavior of the employee, then you can award a punishment of forfeiture of a few days' wages. Possibly, this type of punishment could incense the delinquent employee, and he may submit his resignation on his own.
Thanks,
Regards,
Dinesh Divekar
From India, Bangalore
Issuing a Show-Cause Notice
Now it is high time to issue the show-cause notice. In the show-cause notice, write the exact misconduct the employee committed and the losses suffered by the company. The tone of the show-cause notice should be directive and not accusatory. Give a deadline by which he should submit the reply. If you do not receive the reply or if the reply is not satisfactory, you are free to initiate severe disciplinary action, which could be termination of employment.
Considering Punishment Options
If the top leadership is large-hearted and thinks that the punishment can reform the behavior of the employee, then you can award a punishment of forfeiture of a few days' wages. Possibly, this type of punishment could incense the delinquent employee, and he may submit his resignation on his own.
Thanks,
Regards,
Dinesh Divekar
From India, Bangalore
Sometimes what we pick does not provide expected results. This may be one of such picks. Have you ever evaluated the reasons that remain for poor performance? The performance of one depends on both the employer and the employee. If you are sure the employee is lacking skills or not suitable for your establishment, then the remedy starts. Either management would apply a booster to have expected input. In spite of that, if no change happens as expected, then the only option left is to say goodbye to the employee. Termination on performance grounds is not only bad but illegal. Therefore, employees are kept on probation to counter such types of cases. I do not know the clauses in that appointment letter that speak to the grounds leading to termination. But almost all appointment letters bear a clause that either party can give notice to end the game. In the stress of the warning letter, you serve the notice of termination. By that period, you can find a suitable candidate for replacement or pay in lieu of notice for instant relief. This is the best way rather than lingering the matter to justify it as misconduct.
Regards
From India, Mumbai
Regards
From India, Mumbai
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