Job Termination of Senior Manager (Supervisory Position)
Yagyaa
(Querist) 29 December 2016
This query is : Resolved
Dear professionals
I am confirmed employee, and company had terminated my job on performance basis. Working on supervisory position (Sr.Manager)
1) Company terminated me on 16-Dec-16, with three months pay.
2) On 15-Dec-16 I marked the email to HR, for asking reason that I am voluntary willing to resign and wish to serve 3 month notice period.
3) Till date they have neither taken my acceptance on Appointment Letter and not issued it.
4) From 17-Dec To 19-Dec I was on sick leave, I applied leave on 19-Dec on email and its approved by my line manager on 19-Dec.
5) No written notice served, only one email received that you have not achieved your target. They assigned half of the company monthly achievement Pan India. And asked me to improve my performance with higher target.
6) No performance improvement plan issued
7) No reimbursement paid for last 6 months
8) I have their laptop due having copies of email. No they are asking to return.
9) Company is not performing for last 8 months that's why I voluntary willing to resign.
I AM LOOKING FOR RELIEVING LETTER + CANCELLATION OF TERMINATION LETTER.
Please suggest action.
Yagyaa
Yagyaa
(Querist) 29 December 2016
Dear professionals
I am confirmed employee, and company had terminated my job on performance basis. Working on supervisory position (Sr.Manager)
1) Company terminated me on 16-Dec-16, with three months pay.
2) On 15-Dec-16 I marked the email to HR, for asking reason that I am voluntary willing to resign and wish to serve 3 month notice period.
3) Till date they have neither taken my acceptance on Appointment Letter and not issued it.
4) From 17-Dec To 19-Dec I was on sick leave, I applied leave on 19-Dec on email and its approved by my line manager on 19-Dec.
5) No written notice served, only one email received that you have not achieved your target. They assigned half of the company monthly achievement Pan India. And asked me to improve my performance with higher target.
6) No performance improvement plan issued
7) No reimbursement paid for last 6 months
8) I have their laptop due having copies of email. No they are asking to return.
9) Company is not performing for last 8 months that's why I voluntary willing to resign.
I AM LOOKING FOR RELIEVING LETTER + CANCELLATION OF TERMINATION LETTER.
Please suggest action.
Yagyaa
Rajendra K Goyal
(Expert) 29 December 2016
It seems it was a private company.
First of all search another job as soon as possible.
Take up the matter of F & F with the company and issue of relieving letter.
If you want to move legally, may contact local lawyer, immediate relief may not be available.
Kumar Doab
(Expert) 29 December 2016
Company has already supplied the termination order with 3 months notice pay, although had resigned.
The company may not hesitate and may shortly issue the , FnF statement, 'Service Certificate' showing your name,DOJ,LWD, designation without any adverse/stinker in it.
You may return the laptop under proper acknowledgment.
Subsequent to handover company may also issue relieving letter ( with or without any comment/adverse comment).
If the laptop has all emails that are per some software and controlled by admin/server then it can e blocked and you may not be able to download all email /performance/appreciation record.If you can you may download now.
Although your position is mentioned as Sr.Manager the actual duties on record, your own communications on record, and powers vested in your should be carefully examined if you covered by umbrella of labor laws.
Civil courts may not order reinstatement until or unless you are able to prove the merits..............
You may certainly approach a very able counsel specializing in labor/service matters with all record ASAP for a considered opinion.
Kumar Doab
(Expert) 29 December 2016
I am sending you a link. You may pick up the relevant points and also discuss with your own counsel at your own location.
Yagyaa
(Querist) 29 December 2016
Dear Kumar Doab
*Termination issued is 16-Dec
*On 19-Dec, Chief Manager approve my Sick Leave 17-19 Dec. No consent of manager.
*Even they send Termination from Registered post dated 19-Dec (instead of 16-Dec)
*Pvt Ltd company
Please guide.
Yagyaa
(Querist) 29 December 2016
No service book or duties shared and appointment letter has not given.
Guest
(Expert) 29 December 2016
Dear Shri Yagyaa,
With reference to the reply of Mr. Kumar Doab, "I am sending you a link. You may pick up the relevant points and also discuss with your own counsel at your own location," instead of going through irrelevant link sent by Mr. Kumar Doab, ASK HIM FOR SOME SPECIFIC ADVICE, as he is in the habit of loading with links of hundreds of google searched pages without any relevance to the problem That you can very well observe from the analysis of his posts made by me and included in the following thread, where he misguided profusely the author of the query:
http://www.lawyersclubindia.com/experts/Wife-s-right-to-share-in-property-in-Goa--626526.asp
Question arises, when your question is open for an open advice, why he has not given a link in his post and with what purpose he has sent you that link privately?
Be aware, it is only due to his fear that the same can also be analysed like that in the aforesaid thread and you can be alerted about creating more and more complications in the problems of the persons, who are already facing some problem. Not only that when you entertain his private messages, he is likely to lay a honey trap for you and as usual may finally, advise you to consult some very able counsel/ lawyer, so that you may ask the name of some person in the name of very able counsel/ lawyer, so that he may propose some name of some lawyer for whom he may be working as a tout.
NOW ONE MORE INTRESTING THING, WHICH CAN BE TESTED BY YOU IS THAT HE WOULD NEVER POST HIS TRUE IDENTITY WITH HIS REAL NAME, PHOTO AND HIS CITY OF LOCATION IN HIS PROFILE WITH LCI, EVEN ON YOUR SEVERAL REQUESTS, AS HE HAS ALREADY REFUSED OPENLY TO DO THAT AT LEAST on 50+ REQUESTS.
SO, CAN YOU RELY ON SUCH A PERSON, WHO DOES NOT WANT TO PROVE HIS CREDENTIALS, AS AN EXPERT, AS HE POSES TO BE.
Rajendra K Goyal
(Expert) 30 December 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Termination-of-Senior-Manager-Supervisory-Position--627316.asp
