Anurag Gautam (Consultant) 29 May 2013

Asked to resign from company on performance issues

About Myself

I am an IT Finance professional with an experience of more than 7.5 years and have worked in at least 4 top IT companies of India. I hold degree in MBA Finance and Electronics Engg. from a decent Business School and throught my education I have mainted more than 73% marks.

Issue

I was asked to Resign by my company HR citing the reasons of poor performance.

Detail

I had joined the company about 2 years back and was ranked as 4 (Needs Improvment) by my supervisor in my first year of appraisal itself. The reasons citted were - lack of motivation, need to fit in company culture,etc. Pl note that my technical skills were appreciated as well.

Thus, I was put on Performance Improvement Program (PIP) where I was assigned a particular Task (related to the daily work only) by my supervisor to be completed on time. I successfully completed the same and received client appreciation as well for the same. Finanlly, I was removed from PIP and was told by HR that if I got rank 4 or 5 in the next appraisal, I would be asked to resign.

Kindly note that PIP did not include any training/counselling either from HR or my supervisor.

Now, in the second year my supervisor got changed and I was assigned to a project where I worked with my Architect, Track Lead and Project Manager. Pl note that my new Supervisor had absolutely no involvement in the daily Tasks. The Management had received positive feedback about me from my Architect but he soon resigned as well. Here in this Project, I had disagreements with my Project Manager and it came to my knowledge that he had submitted negative feedback about me to his supervisor. Nevertheless, I received positive feedbacks from the Client on this project.

However, this time I got rank 5 in the appraisal citing reasons of negative feedback from Team menbers (no mention of postive feedback that I received from Client) and was asked to resign by my HR which I did.

I feel I have been treated unfairly and would like to know if I deserve to have a fair hearing.

Kindly let me know your opinion on this.

*PS - I have saved every evidence in form of mails/screenshots to support my case.

Reply Follow

12 Replies

Advocate Rohit (Advocate) 29 May 2013

yes, you may serve the legal notice to the company.

Regards,

Advocate Rohit Dalmia

9324538481

1 Like

Anurag Gautam (Consultant) 30 May 2013

Thank you, Dalmiya Ji for your prompt response. Kindly provide me the steps to serve a legal notice. Also, kindly let me know your consultancy fees for the same. Regards, Anurag

Kumar Doab (FIN) 30 May 2013

“was asked to resign by my HR which I did.”

Have you resigned under protest? What is stated in your resignation?

Has your resignation been accepted?

Did you tender notice of resignation or resignation with immediate effect?

After resignation are you employed?

Do you have any evidence, witness, written record that you were asked to submit resignation in office?

Do you have the copy of company’s printed version of ‘Verbal Challenge’ ‘PIP’ etc………..

Anurag Gautam (Consultant) 01 June 2013

Sir,

Kindly find the responses below

Have you resigned under protest? No

What is stated in your resignation? Simple email stating resignation

Has your resignation been accepted? Yes

Did you tender notice of resignation or resignation with immediate effect? Notice period of 2 months

After resignation are you employed? About to join new company

Do you have any evidence, witness, written record that you were asked to submit resignation in office?

3 Witnesses

Do you have the copy of company’s printed version of ‘Verbal Challenge’ ‘PIP’ etc………..

Printed Version of PIP is present with me. For Verbal Challenge, whole Team was witness.

Advocate Rohit (Advocate) 01 June 2013

kindly call on the given number and provide copy of your employment letter and copies of communication exchanged between you and the company officials.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN) 02 June 2013

You have posted that:

----“ was told by HR that if I got rank 4 or 5 in the next appraisal, I would be asked to resign.”

No one including HR can ask employee to sign letter of resignation. It cam be termed as offence.

Company can issue order of termination.

-----“ Kindly note that PIP did not include any training/counselling either from HR or my supervisor.”

PIP policy of all companies invariable include training.

PIP ---Performance Improvement Plan----involves identifying training needs and fulfilling training needs by providing training.

“Pl note that my technical skills were appreciated as well.”

The supervisor write stupid comments and it is obvious he was vindictive, zealous………..unprofessional, and HR became a party.

------“ Pl note that my new Supervisor had absolutely no involvement in the daily Tasks.”

The one who had no involvement how can he appraise???

-----“ The Management had received positive feedback about me from my Architect “

“I received positive feedbacks from the Client on this project.”

All of those who were involved and had a stake appreciated the employee and the appreciated was sent to management above this supervisor.

Despite this supervisor who had no involvement but was vindictive, zealous, biased, adamant, recalcitrant, posted negative feedback and again HR became a party and extracted resignation.

If the witnesses are unshakeable you may seek legal opinion from your lawyer and charge the offenders by name.

You may proceed under expert advice of your lawyer.

Sudhir Kumar, Advocate (Advocate) 02 June 2013

so instead of giving honourable exit, they should have dismissed you to make you happy

Anurag Gautam (Consultant) 03 June 2013

Dear Sudhir Kumar Sir,

I would have been more unhappy if they had terminated my employment in writing. But to quite an extent I believe they did not do that so as to take some liability off on themselves too because my case would then have no trouble in pointing out reasones for that I was fired. Here, at the actual scenario, It is going to be difficult to prove that they had asked me to resign at the job as I have no prime witness and no direct evidence.

However, kindly note that my original problem is not still answered by you.

"I would like to know if you feel that I have been treated unfairly during my employment and so deserve a chance for fair hearing"

Request you to kindly solicit your expoert advice on the above.

Thank you for the same.

Sudhir Kumar, Advocate (Advocate) 03 June 2013

you said "I would like to know if you feel that I have been treated unfairly during my employment and so deserve a chance for fair hearing"

why ?

you have simply resigned . Thing would have been different if you had not resigned and raised labour dispute and challanged termination.

Anurag Gautam (Consultant) 04 June 2013

Dear Sudhir Kumar Sir,

Thing would have been different if you had not resigned and raised labour dispute and challanged termination.

Things would have been different had I been aware about my rights as an employee. Things would have been different if our schooling system had a course about basic Business Law to make each of us aware about dealing in daily Business situations.

But things can still be different as long as I dont stop asking questions. And for that matter, coming back to this case, you have not still answered my foremost and prime question.

"I would like to know if you feel that I have been treated unfairly during my employment and so deserve a chance for fair hearing"

And with all due respect Sir, It is no obligation upon you to answer it.

Regards,

Anurag