Early termination during notice period
SGM
(Querist) 26 March 2016
This query is : Resolved
Hi,
I work at a senior position in an ad firm in Mumbai. A pvt ltd firm part of a large international group.
Two weeks ago, I had put in my papers due to professional reasons and as per my latest appraisal my notice period is 2 months which I am willing to serve. In my resignation I had mentioned I am willing to serve my stipulated notice period. Although there was no written reply to my written resignation from my official email id but the resignation was accepted verbally and May 7th was supposed to be my last day.
Two thing happened during the resignation period (last two weeks)
1. Since I was having a lower back problem, I was going for regular massages as advised hence would report to work by lunch time but would stay on for the stipulated hours and complete my work. No complaint was ever made otherwise by anyone in the org. I had informed my HR dept and my boss about my late arrival over mail and I would stay back longer to fulfill my hours. If my boss had an issue it was never communicated to me either verbally or in writing.
2. Since company policy doesn't encash our PL leaves but allows us to avail these leaves during the notice period I would inform HR and Boss and take the leave without hampering the work laid out on my plate. In fact I would work from home if need be. Again, no issue regarding this was communicated to me either verbally or in writing neither by HR nor my boss.
On good friday (a holiday) I received a mail from my boss' personal gmail id to my gmail id and my offiical id saying that he has found a replacement and Monday would be my last day in office but I would get the pay for the rest of my notice period as per the rules
My queries are as below
1. Since this was from my boss' personal id and was possibly written in a fit of rage what due diligence should I carry out to ensure no more problems in the future and I get my salary and other dues as promised.
2. Since I never refused work or created problems or fought with anyone or under-delivered on any of the projects even during my notice period am I wrong to believe that I am wronged by such a sudden termination?
3. If I have been wronged, what legal recourse do I have to tackle this.
May Thanks in advance
SGM
P. Venu
(Expert) 26 March 2016
You may request for a mail from the official portal confirming the gmail received from the boss. You may clarify that if no further communication is received, you will honour the instruction received from the boss.
Kumar Doab
(Expert) 26 March 2016
Download the official emails as well on resignation, Late arrival and extended hours, work from home, adjustment of PL in notice period etc..........
It is entirely upto you to accept the acceptance of resignation before LWD chosen by you/expiry of notice period and notice pay in lieu of it OR the employer can accept resignation before expiry of notice period, if service conditions provide for it.
You may attach the copy of Gmail and write to your boss with copy to HR, good offices of appointing authority,MD etc.......
It is felt that you also want to accept the decision of your boss and are happy with it. However defend your interest and let your attendance be marked by your written communications/reminders till you get a reply.
You can make a mention of verbal acceptance of resignation and narrate verbal LWD etc............
SGM
(Querist) 26 March 2016
Thank you for your advise gentlemen. But could you please answer the other two queries. Thanks!
Kumar Doab
(Expert) 26 March 2016
All queries including other two have also been addressed.
You may download the evidence of everything that you have posted at 2., and relate the acceptance of notice/resignation before LWD, with service conditions applicable to you and conclude if employer/boss had no such discretion to accept before LWD.
If employer/boss had no such power then you can represent to good offices of appointing authority, MD, Chairman etc......and narrate that no adverse comments/stinkers were ever issued to you, under proper acknowledgment.
If good offices also do not provide any relief you can seek legal recourse, in appropriate forum applicable to you.
It shall be appropriate to consult an able counsel with copies of all employment related docs beforehand.
SGM
(Querist) 26 March 2016
Thanks a bunch!
Rajendra K Goyal
(Expert) 26 March 2016
Well advised by the expert, agree to it.
