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Ajay Singh (na)     18 November 2011

Software company asked to resign

Hi,

Sub:Software Company asked to resign,but i am not satisfied the reason they are giving

I  am working in a Software company in Pune from last year. Appraisal was completed in May 2011 and got  good hike in package.

Currently, looking a project and as a team, we are doing good in technical.Having appreciation mails from onsite team and learn a new technology myself, taught it to other team members and resolved their technical issues.

Management is now saying, I am weak in technical, so i should leave the company.

My questions are:

1. If i am weak in technical, How can i get good hike in annual appraisal  i.e. 22% ? while others got  < 20%

2. I am leading a team,we are doing good as a unit and having many mails,which shows, we are doing good,

Can company say this to me that i am technically weak,while I am leading a team and doing good technically?

3. I learn new technology and company got benifitted as i teach this to other employee and resolved technical issues.

4. Can they give reason for the project,which was deplayed from client as their priority changed and i was held responsible ?

Can I sue company on the reason they are giving to me as i am not satisfied with their reason.

Please reply.

Thanks & Regards,

Ajay



Learning

 7 Replies

Ajay Singh (na)     18 November 2011

Hi,

Sub:Software Company asked to resign,but i am not satisfied the reason they are giving

I  am working in a Software company in Pune from last year. Appraisal was completed in May 2011 and got  good hike in package.

Currently, looking a project and as a team, we are doing good in technical.Having appreciation mails from onsite team and learn a new technology myself, taught it to other team members and resolved their technical issues.

Management is now saying, I am weak in technical, so i should leave the company.

My questions are:

1. If i am weak in technical, How can i get good hike in annual appraisal  i.e. 22% ? while others got  < 20%

2. I am leading a team,we are doing good as a unit and having many mails,which shows, we are doing good,

Can company say this to me that i am technically weak,while I am leading a team and doing good technically?

3. I learn new technology and company got benifitted as i teach this to other employee and resolved technical issues.

4. Can they give reason for the project,which was deplayed from client as their priority changed and i was held responsible ?

5. I am also taking interviews for the company. If i am weak in technical.How can company allow to take technical interviews? 

Can I sue company on the reason they are giving to me as i am not satisfied with their reason.

Please reply.

Thanks & Regards,

Ajay


 

Kumar Doab (FIN)     18 November 2011

You have posted:

-"Can they give reason for the project, which was deplayed from client as their priority changed and i was held responsible ?

Can I sue company on the reason they are giving to me as i am not satisfied with their reason."

Do you have document stating priority of the client changed and you were held responsible?

Has the company issued any offending communication or a memo or leveled any charges against you?

If your performance is good then company should not proceed against you. It could be possible that the technology area in which you are operating , has become useless/unviable for the company and as it is prevalent company has decided to obtain resignation and hence you are being coerced and pressurized, tactfully.

You should be smart and convince your superiors in gentle tones, with proper reasoning. Avoid being headstrong and argumentative.

Easiest way is that you source another employment with better remuneration, position with a better company with good HR practices and settle down and grow with them. Once you have finalized, you may use your persistence, persuasion, negotiation skills and obtain all documents/certificates/settlements from the company and exit peacefully and let them suffer the loss with your exit.

In the interim if company decides to terminate you, you seem to have all docs/data/record to prove the company wrong.

V. VASUDEVAN (LEGAL COUNSEL)     18 November 2011

Escalate the matter to the CEO and seek a meeting. Persuade him about your achiements, potentials and

hear the otherside as well - If the Managerments perspective expectes upgration of technical knowledge seek to join special coaching/training either at your cost or a part sponsored course. If your employment is contract for service, it is better to persuage the management rather than contesting.

vasudevan

Ajay Singh (na)     18 November 2011

Hi,

Thanks. Please find my reply marked with orange highlighter

-"Can they give reason for the project, which was deplayed from client as their priority changed and i was held responsible ?Can I sue company on the reason they are giving to me as i am not satisfied with their reason."Do you have document stating priority of the client changed and you were held responsible? :[Ajay]:Yes,I have mail from mgmt.

Has the company issued any offending communication or a memo or leveled any charges against you?:[Ajay]: No charges leveled

If your performance is good then company should not proceed against you. It could be possible that the technology area in which you are operating , has become useless/unviable for the company and as it is prevalent company has decided to obtain resignation and hence you are being coerced and pressurized, tactfully.:[Ajay]: Company is  continuous recruiting  same Technology people of same experience and I am taking their interviews

You should be smart and convince your superiors in gentle tones, with proper reasoning. Avoid being headstrong and argumentative.

Easiest way is that you source another employment with better remuneration, position with a better company with good HR practices and settle down and grow with them. Once you have finalized, you may use your persistence, persuasion, negotiation skills and obtain all documents/certificates/settlements from the company and exit peacefully and let them suffer the loss with your exit.

In the interim if company decides to terminate you, you seem to have all docs/data/record to prove the company wrong.:[Ajay]: Can I ask compensation through court on the grounds mentioned above? so that,such practices  for  these type of  companies could be avoided for other Software Professionals also.

Can i  forward those e-mails  and use as a proof , Will not this a violation of security Policy? 

Please note, this company is also violating copyright act and using some  cracked version of softwares,  also breaking privacy and confidential process( Audit) set by some client.

 Best Regards,

Ajay

Kumar Doab (FIN)     18 November 2011

Learned Mr. Vasudevan has given wise and practical advice. Kindly follow it.

It seems that for some reason company's ire is directed towards you individually. Since you are in the company you know the reasons better than anyone else. You may better talk it out with CEO/MD of your company and repair the relations with the company.

You have posted that company has not leveled any charges and it seems that company has not taken any penultimate action against you. It is felt that there is no ground for seeking compensation.

If company has a security or email policy and if forwarding emails violate the policy then certainly company can proceed against you. At the same time these are material documents and in case of a dispute, you may need these. You shall have to find your own ways and means. If the company has sought your explanation holding you responsible then you should reply, and you have to give reference of this communication from company, and for this purpose company might have allowed a printout. You may check.

If company is violating good faith of client then, the client can act against the company.

Your sector is not unionized. For forming union you shall need a  few like minded, committed, and aware individuals.  A closely knit union is a better platform to take up the cause.

Ajay Singh (na)     22 November 2011

Thanks Mr. Vasudevan & Mr.Kumar,

I am permanant employee .They promoted me for a Project Management role,where i have to look manegerial  aspect. They are trying to mingle Technical in Managerial aspects.

You rightly said, One close employee of mgmt is targetting me and use to pass many untolerable comments frequently.Just to harass. I think,he feel insecure,once i called team for estimation and he override me by saying,team is busy and pass every single talks to mgmt.   Mgmt listen to him and have fired many employees in past.   

This shall be the reason.

Kumar Doab (FIN)     22 November 2011

You have earned promotion. Congratulations!

Promoters of the company have promoted you and therefore you should look for an audience with them, and resolve the matter. Read some good books (e.g. Jonathan Livingstone Seagull) and add to your qualification (evening classes, distance mode from reputed institutions). Some of the employers have education policy and refund the course fees to deserving employees as a part of their retention policy.

Working individually and working as a manager are two different things. Transformation takes some time and this time should be allowed. Manager has to manage lot of things including such guys. Manager must nurture an ability to understand and manage the reportees and reporting authorities, and deliver the deliverables. If you are technically strong and evolve as a good manager you shall soon cross floors and rise.

Another option is:

Collect all appreciation mails, letters etc aim, choose and strike an opportunity with one of the best companies in the industry with good HR practices.

Employment is not marriage hence there is no divorce. Do not burden yourself much. If this employer is not worth being employed with, let them suffer due to your exit.


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