Termination without prior intimation
Amir
(Querist) 31 October 2016
This query is : Resolved
Hi!
Kindly help I got terminated without prior intimation from my company the case was 2 months back I had a fight with my subordinate and because of that we both got terminated from the system without any intimation I heard that 24 hours prior they have to mail that they are going to terminate I just want to remove this tag of termination from me and want my company to allow me to put proper resign as it's question of my carrier. Kindly help me to get rid off termination so that I can atleast work in another company
Kumar Doab
(Expert) 31 October 2016
You have posted that:
---'we both got terminated from the system without any intimation '
What exactly you mean by it?
Was your access to entry in office, official emails, computers, attendance system blocked?
Were you intimated in writing?
Were you asked to stay at home in writing?
----'I got terminated without prior intimation from my company'
Were you issued a speaking order of termination (by letter)?
Is any reason mentioned in it?
Were you issued with any stinker, show cause notice and explanation was called?
Kuummaar AS
(Expert) 31 October 2016
Amir,
YOU HAVE SAID,
"Kindly help I got terminated without prior intimation from my company the case was 2 months back I had a fight with my subordinate and because of that we both got terminated from the system without any intimation I heard that 24 hours prior they have to mail that they are going to terminate I just want to remove this tag of termination from me and want my company to allow me to put proper resign as it's question of my carrier. Kindly help me to get rid off termination so that I can atleast work in another company "
PLEASE CONVEY
1. EXACT CONTENTS OF YOUR APPOINTMENT LETTER RELATING TO TERMINATION;
2. EXACT MEANING OF "we both got terminated from the system"
Amir
(Querist) 31 October 2016
Me and my subordinate had a fight during office hours inside the cabin it started with conversation and end up with physicall violence someone from the branch had informed our uper management. Initially our immediate boss had rest assured that they will close the matter at initial stage as they don't wanted to loose us and we very sorry for the incident which took place than HR and RMCU called us they have taken our statements and they said they will call if further clarification is required during investigation. On 14th of October is was working till 8.30pm at office on the very next day when I came my system was not working I had raised a query from someone else system IT people told that your system had been disabled we require Vice President approval to enable it.i had called my immediate boss he ask to mail he was not knowing the reason than I called HR he said he will check and let me know what has happened it was Saturday.
Than on Monday my immediate boss came from Pune as he sits there he said I got terminated and the reason written on the termination letter was violence. I was totally shocked I had not accepted the letter and tried to convenience my senior they are just giving me assurance that they will speak with management and will try to save me but since that nothing has happened . I got a job but those people are asking me to get removed this termination tag from my name else they will not be able to hire me . I had mailed to my vp and se vp and requested them to allow me to put proper resignation so that I'll be able to atleast work somewhere but still not get any reply from that. I thinking to mail to head HR and MD of the company. Kindly help and suggest something.
Amir
(Querist) 31 October 2016
On offer letter this is written
Notice on confirmation :
17. This engagement may be terminated by either party by giving to the other, at any time, notice of 90
days in writing or by paying wages/compensation for 90 days in lieu of notice.
18. Notwithstanding anything contained herein, your employment with the Company shall stand
terminated forthwith without any notice or payment in lieu of notice on account of :
a. breach of governing laws, applicable rules and regulations;
b. breach of applicable Company policies, procedure or code of conduct whether express or
implied;
c. performance below defined targets as applicable from time to time;
d. any acts which are regarded as prejudicial to the interest of the Company.
Amir
(Querist) 31 October 2016
We both means me and by subordinate we both got terminated we are now not able to access mail mark attendance or system
P. Venu
(Expert) 01 November 2016
The company is unlikely to relent. The issues need to be taken u in a court of law. There could be some procedural aspects which could be of help for you.
Dr J C Vashista
(Expert) 01 November 2016
Whether your employer is a government department, public sector undertaking or private, as the rules differ for termination from service?
Generally speaking there has to be suspension of employee during domestic inquiry followed by action by disciplinary/ appointing authority considering report/ findings and reply thereof by delinquent officer.
adv.bharat @ PUNE
(Expert) 01 November 2016
Amar procedural aspect will solve your problem.
Amir
(Querist) 01 November 2016
I am to confused to get all the thing I don't want to fight with these people I just want them to revoke my termination and allow me to resign on immediate basis so that I can apply in same industry. Is there any law or a section under which they will allow me to do so I mean they will revoke my termination and allow me to put proper resignation. If so kindly let me know. I am jobless since last month need help.
Amir
(Querist) 01 November 2016
The company is Pvt Ltd insurance company
Kumar Doab
(Expert) 01 November 2016
You have posted that:
"than HR and RMCU called us they have taken our statements and they said they will call if further clarification is required during investigation.'
Do you have a copy?
What was stated in it?
Reply to both.
Amir
(Querist) 01 November 2016
No we have not taken termination letter but have seen it and it is written on that the termination is due to violence.
Amir
(Querist) 01 November 2016
And the statement which they have taken from us in that I have not written anytHing which will harm our carrier I don't know what my subordinate had written on that but I have heard from someone that he had written so many things which will going to harm us and results in termination.
Rajendra K Goyal
(Expert) 01 November 2016
Try to finish the matter through your boss.
If you do not want label of terminated employee ask your boss to discuss with higher management to convince them not to terminate you, as you are ready to resign.
Kumar Doab
(Expert) 01 November 2016
You have not replied:Do you have a copy?
Amir
(Querist) 01 November 2016
No I don't have any copy
Kumar Doab
(Expert) 01 November 2016
"I have not written anytHing which will harm our carrier"
Ask for a copy.
You should have consulted before signing a written statement.
For bosses it was an opportunity to make some reputation.
Otherwise they could have asked to resign.
Opportunity of natural justice,inquiry seems to have been denied.
Even in case of termination service certificate should have been supplied.
As bosses have denied,approach your able counsel specializing in Labor/service matters.
Rajendra K Goyal
(Expert) 01 November 2016
Agree with the observations from expert Kumar Doab.
DR.VEDULA GOPINATH
(Expert) 01 November 2016
mr. Amar
You please try to make a join appeal by you and your subordinate to the management to revoke terminate and accepet resignation.
If you both compromise and settle the issues and I hope there will be no objection for the management. Further you both feel regret, sorry, and apologetic to the management.
I think above will make the management consider your request. Try this out. Have a good dealings with your subordinate with whom you fought.
take cre
good wishes
sincerely
dr vedula gopianth advocate/arbitrator
Amir
(Querist) 01 November 2016
approach your able counsel specializing in Labor/service matters.
That is what I am not able to find who will guide me and help in peaceful separation from company
Amir
(Querist) 01 November 2016
Dr. Vedula tHe matter was of 2 month back now me and my subordinate have no issues and our bosses also knows that but still after 2 months they have issued termination letter I tried to convince my senior but they are not ready to listen.
Guest
(Expert) 02 November 2016
Mr. Amir,
In my view, as Mr. Kumar Doab's general advice is available on his profile, "Kindly consult a local lawyer at your location along with all documents on record in person and understand the merits and proceed under expert advise of your able counsel'" you may like to follow his advice if that benefits you.
Dr J C Vashista
(Expert) 03 November 2016
Agree with experts, consult a local lawyer.
Kumar Doab
(Expert) 03 November 2016
While you log onto my profile you will find that LCI has provided link to Activity/Forum/Experts/Articles.............and it is for each member/expert.
There you can search threads/articles that provide links/citations establishing service certificate drafted in a manner that shall not render employee: unemployable is to be issued to all employees.......................and stay on termination is possible.
I am providing two links that you may go thru.
You may come to terms with your situation.
You had 2 months to firm up next employment.However you did not.
Your bosses seem to unwilling.
Peaceful separation is possible when you are able to either convince, cajole, or press it.
Certainly you should try for it.
While you try for it get clean relieving and preferably reliving letter with good comments (avoid without comments/with adverse comments).
Kumar Doab
(Expert) 03 November 2016
You have posted that:
“Dr. Vedula tHe matter was of 2 month back now me and my subordinate have no issues and our bosses also knows that but still after 2 months they have issued termination letter I tried to convince my senior but they are not ready to listen.”
You may once again go thru the advise by Senior Experts; DR.VEDULA GOPINATH ,DR. J.C.Vashista.
Two months you were having enough signals that a serious dispute has precipitated and you should have firmed up next employment/venture and resigned.
Employee should be vigilant and read between the lines.
Either negotiate by applying your own skills, rapport, goodwill and make the management agree to accept resignation and call order of termination.
If you can involve anyone that you think can influence the company's management and let you resign and have clean relieving.
Approach your able counsel specializing in Labor/service matters.
At your location ask your family lawyer, competent and experienced well wishers, elders of the family, insurance employee's union ( in some states employee's of private insurers have formed union and embraced by trade unions), trade unions, Distt. Bar Association officials,......................and/or visit Labor Court/CGIT/CAT/Civil Courts/High Court etc..................and find out about the counsel specializing in Labor/service matters.
This is altogether different field of law and each location there are a few counsel that specialize in it and are well known.
Usually such matters are referred to them.
Your counsel may examine your nature of duties and opine on forum(s) that you can approach.
Your counsel may opine after examination of all docs and that stay on termination might be sought and might be granted.
Your counsels can find defects in record and approach of the company and help to conclude that proper inquiry, opportunity of hearing, natural justice was not given.
Or appropriate forum may be approached to contest the termination.
You can also approach DR.VEDULA GOPINATH ,DR. J.C.Vashista and they may agree to represent you and settle your matter with management.
Kumar Doab
(Expert) 03 November 2016
LCI has also provided 'Search' option on right hand side of web page in both Experts/Forum section...............'Search Q & A'..............'Search Topics and Posts'.
You can search many illustrated threads and pick up relevant points.
Kumar Doab
(Expert) 03 November 2016
You have posted that:
"approach your able counsel specializing in Labor/service matters.That is what I am not able to find who will guide me and help in peaceful separation from company"
Another Perspective: A skilled, seasoned, well informed, very able..............counsel can mediate/arbitrate/reason/argue/conclude the matter and even drill sense into the heads.
You may carefully and once again go thru the advise by Senior Experts; DR.VEDULA GOPINATH ,DR. J.C.Vashista.
You can also approach DR.VEDULA GOPINATH ,DR. J.C.Vashista and they may agree to represent you and settle your matter with the management.
