Termination of service for non performance

Originally posted by : Ashmin
	Hi, I ​am a female who has been working ​​with a reputed pharmaceutical company for ​the ​last 10 year​s and ​was a consistent ​performer for ​6-7 years. In 2013 my mother was diagnosed with cancer and after fighting with ​the disease for almost 2 years in 2015 she passed away. After that in 2015 my father met with an accident and was bed ridden​. ​Because of ​all this my performance got affected​ for the next couple of years. During the same ​time period, my ​reporting​​ manager started harassing me ​(mentally) ​​with ​regular ​​emails ​demanding one format or the other, ​which I brought ​to the​ notice of HR and Business unit head.He also starting delaying my expense approval​s​ for which ​I ​kept writing emails but no action was taken. In 2015 a reconciliation meeting was ​organised between me and the HR manager​, Reporting manager , his boss and Business unit head in which I requested ​to​ change my reporting manage​r. But ​I was asked to start fresh and forget the past. Things did not change as if my reporting manager was adamant on making my life hell.   In November 2016 I again reached out to the country manager along with the business unit head regarding the same issue of delayed payment approval and emails. No action was taken against my manager and he continued to harass me mentally. In February 2017 I met my country manager in person and again narrated the whole incidence and also requested for a transfer which I had also requested during my reconciliation meeting.    My mental trauma continued and on 18th of August 2017 I was called to head office and was issued a termination letter for non performance which I refused to accept and came back to my head quarter. Now I have been sent that letter through courier, my official email address has been deactivated. Though I have all the copies of the emails I had sent to the management and HR regarding my mental harassment. Kindly advise me what should be my next step. Am I eligible for gratuity and notice salary.

Playing mail mail is not neccesarily guidance, coaching, or attempt for tailor made strategy!

Hope you were implementing all strategies of the company.

What was your tgt vs perfm in % in 2017 i.e upto March 2017 and from April 2017 to August 2017/date of termination?

Did you grow in some products and de-grow is some products?

Did your HQ, Region, Zone Pan India de-grow in same products?

Can you (employee) be held responsible for decline in sales of products of company? Have you asserted in your representations to company that you (employee) cannot be held responsible for decline in sales of products of company?

Or you have accepted attributing to your personal problems that you have highlighted in your 1st post?

What is the notice period for termination for employer? 3 months?

Your query on Notice period/pay , Gratuity has been responded.

If emplyer has not communicated and declined in wriritng to pay then it should tender as per its obligations.............

Hope employer has not declined to pay.

Originally posted by : Ashmin
	They have issued the termination letter and i dont think they will want me to serve any notice period.  I have all the documented proofs, is it not possible to get a compensation for all the mental trauma i have gone through.

Can you elaborate on what is the mental trauma whose documented proof you have!

Originally posted by : Ashmin
	I think I have sufficient emails against management for non cooperation and mental harassment. I was delibrately given high targets. My expenses which are submitted online weren't approved though the same wasn't happening with my colleagues. I was being victimised.

Usually the rationale for setting targets is decided in advance and communicated e.g; published data/reports e.g; ORG on market share of the commodity/product/drug in area assigned, market share of leading brands, market share of company's brand, promotional inputs, previous years trends, company's goal, contribution of area ot Region/Zone/pan India  etc etc ..............

In other words there is a set policy guideline.........

You can relate and determine why do you feel that you were vindicated!

Attach standing order in this thread. You may erase the names/logo etc to maintain confidentiality.

Or show these and communications to a very able LOCAL senior very able  counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion after due examination of standing orders for violation of standing orders if any, or departure from standing orders, and  and to opine on remedies and merits including for damages that you are contemplating........... 
 

Dear Mr.Kumar,

thank u so much for taking out time to help me out in such situation. Further i shall take care of this matter on my own. 

Dear LCI Querist @ Ashmin,

I am happy to note that the discussion in the thread was useful for you.

You are welcome.

Wish you the best.

Originally posted by : Kumar Doab
	Originally posted by : Ashmin What is this establishment; Commercial, Industrial?  US based pharmaceutical company  What is its nature of business say; IT, ITeS? Sales and marketing How many persons are employed in it?  6000 What is your designation and nature of duties? Therapy specialist, my job profile is to promote the product to doctors and take care of tge business in the given geographical territory. How many persons report to you? 0 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No You are in which state? Chandigarh Since how many months you are working? 10 years  Are you under probation period or your service is confirmed in writing? Confirmed in writing   Do standing orders (model/certified) apply to establishment and your designation? Yes  What is notice period as per appointment letter/offer letter for termiantion and what was notice period tendered to you by employer? No notice, termination with immidiate effect What is notice period if employee has resigned? 3 months Was ever any stinker, memo, show cause notice on any misconduct issued to you? No never Does the establishment have its appraisal system? Yes Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? My boss has not even visuted my territory in last 2 years. We have been playing mail mail.. How was your performance? My performance was at power with otyer territories, Delhi has also been degrowing in last 2 years and that too worse than me.  Are you a member of employee’s/trade unions? No Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     Yes, all documents like salary slips, Form 16 have been issued timely on the portal. Attach standing order in this thread. You may erase the names/logo etc to maintain confidentiality.

@Mr.. Kumar Doab,

Please if you don't mind, can I ask one question, for what purpose such a vast information about the author/ her organization was sought, IF ULTIMATYELY, YOU WERE TO ADVISE HER, "show these and communications to a very able LOCAL senior very able  counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion after due examination of standing orders for violation of standing orders if any, or departure from standing orders, and  and to opine on remedies and merits including for damages that you are contemplating...."?

I could not find any solution even in a single post out of your 12 posts in this thread.

I am also unable to understand, in what manner the thread could become useful to the author of the problem, as you stated, "I am happy to note that the discussion in the thread was useful for you."

You may be happy in yourself, but I feel, probably the author is not happy on finding none of your post containing any solution to her problem, when she stated, "Dear Mr.Kumar,   thank u so much for taking out time to help me out in such situation. Further i shall take care of this matter on my own."


 

@Ashmin, the author of the problem,

I don't think, whether you will be able to gain anything from my suggestion as based on my little knowledge. But, I may suggest you to please switch over to some other suitable job, as according to my little wisdom, you may probably not be able to gain anything from an expensive and long legal battle with your employer, if you decide to resort to a legal course of action. Even if you get back your job by mercy of the employer, you may feel harassed more and more from time to time in that organization.

Originally posted by : Dhingra, 1962dcg@gmail.com
	Originally posted by : Kumar Doab Attach standing order in this thread. You may erase the names/logo etc to maintain confidentiality. Or show these and communications to a very able LOCAL senior very able  counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion after due examination of standing orders for violation of standing orders if any, or departure from standing orders, and  and to opine on remedies and merits including for damages that you are contemplating...........      Erasing of the names/logo etc., of the organization is not possible even from title of the PDF documents, what to say about references of the organization various parts of the inner text of the standing orders of any organization. Proposal may perhaps not be workable.   However, if the author of the problem has already decided to take care of the matter at her own, that demonstrates the confidence mustered by the author in herself. That is quite appreciable! My further advice to you is to strengthen your self confidence more and more and move with some determined mind to some definite direction.   However,Mr. Kumar Doab has already advised you to "show these and communications to a very able LOCAL senior very able counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion," that may also perhaps work well in case the author gets any doubt at any stage of the case in the days to come. Best of luck!

Dear LCI Qurist @ Ashmin,

We have already closed the discussion with thanks and satisfaction.

It was indeed good to note that you can take up the matter further.

The names and logo can be removed in files.

One can do it oneself or thru some experts person in cyber cafe againsy a nominal fee say Indian Rupees 20/30...........

You are not a member of unions................the unions have contested such matters and have sucessfully got relief from Lower/Labor courts, HC; single judge/Divisonal bench, Supreme Court...........The employer got defeated in all courts;lower/higher courts, Apex Court.............not long back and recently.

One matter was from erstwhile undivided Bihar state and judgment is with Unions....

It included contest as in your case;Tgt vs Sales performance....

There are many threads inititaed by employee's from your trade.....

NO personal information has ever been asked and shall ever be asked, atleast by me.

It was indeed good to note that you can take up the matter further, and you may take it further......

Best wishes.

Dear LCI Querist @ Ashmin,

The child is lovely.

God bless.

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab Originally posted by : Ashmin What is this establishment; Commercial, Industrial?  US based pharmaceutical company  What is its nature of business say; IT, ITeS? Sales and marketing How many persons are employed in it?  6000 What is your designation and nature of duties? Therapy specialist, my job profile is to promote the product to doctors and take care of tge business in the given geographical territory. How many persons report to you? 0 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No You are in which state? Chandigarh Since how many months you are working? 10 years  Are you under probation period or your service is confirmed in writing? Confirmed in writing   Do standing orders (model/certified) apply to establishment and your designation? Yes  What is notice period as per appointment letter/offer letter for termiantion and what was notice period tendered to you by employer? No notice, termination with immidiate effect What is notice period if employee has resigned? 3 months Was ever any stinker, memo, show cause notice on any misconduct issued to you? No never Does the establishment have its appraisal system? Yes Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? My boss has not even visuted my territory in last 2 years. We have been playing mail mail.. How was your performance? My performance was at power with otyer territories, Delhi has also been degrowing in last 2 years and that too worse than me.  Are you a member of employee’s/trade unions? No Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     Yes, all documents like salary slips, Form 16 have been issued timely on the portal. Attach standing order in this thread. You may erase the names/logo etc to maintain confidentiality.   @Mr.. Kumar Doab, Please if you don't mind, can I ask one question, for what purpose such a vast information about the author/ her organization was sought, IF ULTIMATYELY, YOU WERE TO ADVISE HER, "show these and communications to a very able LOCAL senior very able  counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion after due examination of standing orders for violation of standing orders if any, or departure from standing orders, and  and to opine on remedies and merits including for damages that you are contemplating...."? I could not find any solution even in a single post out of your 12 posts in this thread. I am also unable to understand, in what manner the thread could become useful to the author of the problem, as you stated, "I am happy to note that the discussion in the thread was useful for you." You may be happy in yourself, but I feel, probably the author is not happy on finding none of your post containing any solution to her problem, when she stated, "Dear Mr.Kumar,   thank u so much for taking out time to help me out in such situation. Further i shall take care of this matter on my own."  @Mr.. Kumar Doab, Please if you don't mind, can I ask one question, for what purpose such a vast information about the author/ her organization was sought, IF ULTIMATYELY, YOU WERE TO ADVISE HER, "show these and communications to a very able LOCAL senior very able  counsel of unshakable repute and integrity specializing in such/consumer matters having successful track record……….for a considered opinion after due examination of standing orders for violation of standing orders if any, or departure from standing orders, and  and to opine on remedies and merits including for damages that you are contemplating...."? I could not find any solution even in a single post out of your 12 posts in this thread. I am also unable to understand, in what manner the thread could become useful to the author of the problem, as you stated, "I am happy to note that the discussion in the thread was useful for you." You may be happy in yourself, but I feel, probably the author is not happy on finding none of your post containing any solution to her problem, when she stated, "Dear Mr.Kumar,   thank u so much for taking out time to help me out in such situation. Further i shall take care of this matter on my own."

You can not ask a single question, from anyone.

You were to remember it at once and forever.

It has already been made known to you.

You have made NO noteworthy or meaninful post in this thread also.

Originally posted by : JIGYASU
	@Ashmin, the author of the problem, I don't think, whether you will be able to gain anything from my suggestion as based on my little knowledge. But, I may suggest you to please switch over to some other suitable job, as according to my little wisdom, you may probably not be able to gain anything from an expensive and long legal battle with your employer, if you decide to resort to a legal course of action. Even if you get back your job by mercy of the employer, you may feel harassed more and more from time to time in that organization.

Dear LCI Querist @ Ashmin, 

You have duly posted that you have ensured full compliance and there is NO misconduct against your name in establishment.

It is your choice to post and attach in the thread or not.

If your preference is to get reinstated with consequential/back wages, then as already posted by you, you can take it further........

If your preference is anything else you can take it further........

I am indivisually happy to note that you can take it further....

Wish you the best.

Dear Mr.Kumar, 

i would request you once again that i wont want any advice from you any further. I will handle it myself.  And frankly speaking you just asked multiple questions without any concrete advice and moreove i could see you were trying to humiliate me by your comments on my performance. I guess you didnt read what i was going through. 

Dear LCI Querist @ Ashmin, 

You are grossly wrong.

I have duly gone thru what you have posted and responded in specific and all is to help and build your stance.

I have even posted that there are specific judgments in which employers have lost from lower court to apex court which you have not read.

Without any further comment, you may take it further as   suitable to you.