Termination within 3months of employment

The appropriate process of separation from employment shall be resignation or termination. The notice period and notice pay if any applicable to employee and employer should have been expressed in appointment letter issued to you. You may check if you are still under probation and notice period and notice pay if any applicable during probation period.

HR for that matter any one must not ask you verbally to stop coming to office. This is an important and sensitive matter and if at all company wants employee no to attend office it should supply written instructions by the employee competent and empowered to issue such instructions.

It is felt that the female HR has made the statement verbally, and this is what the practice is, although it is unprofessional, unethical, and bad. You should not stop attending office and marking attendance upon verbal orders and thus become susceptible to being declared absconding. Abscondment is misconduct.

You should rather engage the company in discussion and dialogue and apply your persuasion, persistence, negotiation, reasoning skills to the exceptional levels. 

The General Manager – Sales has kept the reportees for him i.e. you, to save his skin in case of no sales/low sales but has deprived the subordinate staff down the line from resources and thus posing an image that he has saved good money of the company.

While the Company needs to understand that the commodity offered to you to handle is apartments{ probably under construction} costing lacs of rupees and not bhajiya which shall sell in every nook and corner. Is this company a very famous and leading company having leadership status and a very famous one? If not you may mention that you are building the image of the company in the eyes of pipeline created by you.

You have posted that:

--“Till now I have not received any support from the management (which I was promised at the time of giving interview and prior to joining the company), such as a team of 4 executives, proper leads to convert through published advertisements etc. I am working all by myself, single handedly, taking clients for site visit, telecalling etc.”

You may submit a representation in writing under acknowledgment with a copy to you preferably by letter addressed to good offices of your appointing authority, MD, Chairman, Company Secretary, and narrate the mentioned facts, and assure them that you are striving to fetch the best possible sales/revenue from limited resources provided to you and thus buy some time, and also build favorable record. 

 

---“When I asked about the reason for this sudden decision, she told me as my reporting boss (General Manager - Sales) thinks that I am unable to perform and am unproducrive as I have failed to give any fresh sales. I have customers in the pipe line who will book apartments not before November end.”

You can mention this also in your representation, however you need to convince your line manager i.e. this GM that you are striving to fetch the best possible sales/revenue from limited resources provided to you. Such line manager may themselves be unproductive but have a nuisance value. Buy some time and try to get extension and do not fall under the axe.

These representations should entitle you to a fair and impartial redressal. If still the company, thru its line manager, HR become adamant and recalcitrant, you may submit a written reminder addressed to good offices and request to allow to examine your personnel file.

The HR and your friend are prompting you to choose from resignation or termination.

You have to decide.

Termination order may entitle you to notice pay of few hundred/thousand rupees, but may have damaging effect on employability.

If at all you decide to resign you may submit notice of resignation, and avoid resignation. Since you have been asked not to attend office you should demand that notice period may be waived off, and that you should be supplied acknowledgment of notice of resignation and final resignation letter, acceptance of resignation, work experience certificate/service certificate, relieving letter, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, Form 16, PF number, PF account slip, attested copies of PF withdrawal/transfer forms {if submitted by you or acknowledgment issued by PF office in original, if company has submitted forms to PF office}, NOC/NDC etc. by redg. post only, on your last day in office.

It is felt that you may mention that you have been working without any resource as pledged to you during the interview and process of recruitment and company has not provided any and you have built a promising pipeline for business on your own without any support from line manager, HR and company, and thus tilt the record in your favor. You may inflict some shame on this good for nothing GM.

However kindly keep your representations crisp, specific, gentle, and avoid emotional outbursts and fierce personal attack.

You shall need to explain the short duration/termination/resignation in your future ventures. The record and facts shall come handy.

 No one has been reporting to you. Designation alone does not decide employee is a workman or not. Company burn extra oil to convince the employee that he/she is not a workman, as various enactments applicable to workman limit the choice to employer. 

 

Thankyou so much Sir! I have been thinking not to put in my papers, i.e. resign from services, infact I have decided that I will talk to the senior management, CEO of the said company. Infact I have met the Chairman too, this afternoon, however, He has asked me to speak to the CEO, as his (CEO) decision shall stand final.

 

This lady GM, is playing a big game with me. On one side she gives me a lead, client;s name and phone number, which she managed to get through a call after a published advertisement that had her contact number. Now, since, that lead is almost ready to be converted as a buyer, she has declared before the CEO that the booking will go in her name, as, the customer was 80% converted customer and that the customer is already known to her. This is not all. there are lots of such false stories she has woven that go completely against me. Some kind of personal grudge and insecurity I have felt in her right from the day my first interaction with her.

 

I have done the biggest mistake of my life, I believe. Anyways I am thankful to you as you took out sometime to read through my post and thankyou once again for your suggestions.

 

Regards,

 

Hena Anwar

You have posted that:

"On one side she gives me a lead, client;s name and phone number, which she managed to get through a call after a published advertisement that had her contact number. Now, since, that lead is almost ready to be converted as a buyer, she has declared before the CEO that the booking will go in her name, as, the customer was 80% converted customer and that the customer is already known to her. This is not all. there are lots of such false stories she has woven that go completely against me."

Convince your CEO, Chairman, that other than passing the contact number of the lady who responded to advertisement of the company in whihc phone number of GM was given{and not yours} by the company, the GM has done nothing, on converting the cold lead. Had the company given CEO's number or for that Chairman's number, both would have passed the lead to someone for conversion.GM has not put in even 0% effort for conversion.You may produce notes from each call { mention dates} and proceedings leading to conversion.

How can this daffar GM lay a claim on efforts of an employee??

Fcat is that this GM is desparate to save her skin and does not feel any shame in poaching.

It is reiterated that such indivisuals are not fit to be left to loose around.

If at all you decide to resign, submit notice of resignation and mention each and everything, including representations to Chairman,CEO, {without any fruitful result} as a reason to tender notice of resignation.

 

Sir with much efforts I have met the CEO, he was patient enoughto listen to what I had to say, not forgetting the fact here that it was he who interviewed me, selected me and asked me to join immediately, considering my prior experience and knowledge of real estate industry. However, the meeting was not fruitful enough as he told me that higher management had met last evening and it was unanimously decided that I had to be terminated (thogh till now no such written communication has come to me), as none of the 2 Genaral Managers are willing to accomodate me in their respective teams. I am left clueless and have now come to the conclusion that I will either ask for a written communication towards termination or resign myself. It is more of mental trauma for me, where I am caught in a situation where I am surrounded by a few insecured people who fear that given the right kind of support from the management, I can leave them far behind and become one of the highest business provider to the group.

 

Kindly suggest if I should resign voluntarily or ask for a written termination. In the latter case can I take this matter further on legal grounds, as I have not yet completed 3 months here. I fear they might delay Full and Final Settlement, as a result I may be a loser.

 

Please suggest.

The discussions have failed. All in the good offices are passing the buck. However you have successfully represented to the good offices of the company. It is felt that you may apply your wisdom and submit the minutes of discussion in a gentle tone, without any emotional outbursts, but describe the facts and place the matter on written record.

You may not submit resignation with immediate effect and should submit notice of resignation with effective date of resignation/last day in office mentioned in it and apply your goodwill with CEO who has recruited you and ask for time to finalize your next venture. If you handle carefully you should succeed.

You may rather address your carefully worded representation to CEO and conclude that you have no other option but to submit notice of resignation and request to grant sufficient time of say…..1 month or more as suitable to you, to finalize your next venture. If this CEO has recruited you he can apply his veto and grant time to you. You have to handle this situation skillfully.

There is nothing wrong in roping in the GM also to buy some time.

If separation is handled skillfully by employee, employer should also be willing to avoid heartburn, bad air, bad publicity and anticipated litigation and hassles.

If the payday is last of the month, you may draw your salary and submit your representation.

You are to choose between resignation and termination. Choose wisely.

Litigation can be stressful for some employees.

You have posted that “I am surrounded by a few insecured people who fear that given the right kind of support from the management, I can leave them far behind and become one of the highest business provider to the group.”

If you are competent and skilled you should be able to be with one of the best employers in the industry with good HR practices. Let this company and its management suffer loss with your separation. You may carry your goodwill, pipeline, and the cold almost converted by you. Let this sale not fall in the bucket of this good for nothing GM{‘s} and company. If you have some ready business and loyal customers/investors,implying almost converted business, you shall be welcome to be with other employers in the industry.

The best place to fight is the market place. Let them compete in market place.

 

If you are young and eligible yu can utilize the time to add to your qualification and take some competitive exams and thus seek your carer elsewhere too.

Thankyou so much for your response. Yes I do agree with you that I should handle the case with much caution and at the same time with good presence of mind. I will take the lady GM in confidence and try to support me when I approach the CEO, requesting him for a month time, so that in the mean time I can. By the way, I am going for an interview today in another developer real estate company based in Kolkata. I hope things click for me. I do have some good clients who would be interested to invest in some renowned properties, however, I would prefer converting them with some other employes, who I join after leaving this company. I really appreciate your good suggestions and also thank you once again for all the immediate replies you have provided to my questions. To a great extent you have given me relief from this stressful situations I am stuck up in. Thanks & Regards, Hena Anwar Kolkata

Somehow, I have been able to convince the CEO taking the HR in confidence that I should be given time till 30th November,12 keeping in mind that my boss, General Manager, has set a target of 30lacs to be achieved by the end of this month, which again is pretty tough to achieve. I have been asked to give a written declaration to the CEO that in case I fail to achieve target of 30lacs, I have to resign by end of November,12. Now, I would like to know from you, what can be the reaction of this written declaration, at the extreme worst end. I fear that they might not give me 30days salary of Nov.,12, though, the HR has told me that the full and final settlement will be done for Nov.,12 by 7th December. I doubt her words, though. I am not sure what will be their move once I give the declaration. Sir, kindly let me know how should I frame the letter, as, I have not studied law, you being an expert in the field, I am sure, you would be having solution to my queries.

3 months are over and the company wants revenue which can be achieved by selling the product of the company which is apartments and you do not seem to have immediate buyers. Try your level best and convert from leads as you have indicated to company in the month of Nov.

The only solution is that you fetch some sales. Thus the company may grant some more time to you.

The company or your boss can assign any target to employee: reasonable/ambitious/unrealistic/sky high and company should assign the target.

In your case company is asking you to give an undertaking. It is felt that this is unethical.

While employee can always claim that the undertaking was taken from him/her under pressure in office premises. If the dip in sales or situation of no sales is uniform in all offices of the company, one employee should not be singled out.

You may submit if you want that on dated……….during meeting in office Mr/Ms

……….{ mention all names}…designation…..dept………..address ……..have wanted/instructed/ordered you to give in writing that you shall achieve a target of Rs.30 lacs by the date of 30^th Nov, 2012 or you shall resign from the post of ……….by the close of office hours on dated…………and company shall tender the FNF payments of dues and documents by 7^th Dec, 2012. In concurrence to the wishes of Mr/Ms……….you are submitting this letter, and request to acknowledge the receipt. You may mention that you have pointed out during the meeting that the company has not provided you team, telecallers etc and same may be provided to you.You may submit it if you want under acknowledgment with a copy to you. Company may give you some rope/long rope if you achieve some sale or it may not at all.

You may mark your attendance for all days of work and maintain a record of each day’s work done by you. If there is a system of reporting you may submit each day’s work report with a copy to you.

You may not tender resignation, you may tender notice of resignation of say 1 month and let company accept it from any day it wants, however you may continue to attend office and mark attendance until you are stopped in writing.

If at all you have to separate and you are not paid, a lawyer at your location may be in a position to help you. It shall be appropriate to approach a lawyer at your location.

You may utilize this time to hunt for another job and firm up as ap and try to be with a good employer with good HR practices.

If the company has not paid you salary for month of October you may first collect it and lodge your protest with good offices for payment of your salary in writing under acknowledgment.

 

 

 

Thankyou once again for the prompt reply, I am very much grateful to you.

 

It is very unfortunate, but, I was forced to give a written declaration yesterday stating if I am unable to get total collection of Rs.30.0 lacs by end of November,2012, I shall resign and the F&F settlement should be done.

 

I had spoken to the HR and had requested her to give me a written document stating what I was supposed to do, because I could not respond to anything that is verbally dictated to me, may it be from the HR or even my reporting boss. She then politely explained to me that if I fail or deny to give her the declaration, she has the orders to shoot a termination letter, according to which 31st October,2012 stands as my last working day and these 5 days in the month of ovember,2012, I have worked will not be paid to me at all.

 

She then explained to me so that I give her the declaration, utilise that time of one month searching for a job and then resign. Why should I get devoid of one month salary. For a moment I thought she was correct, or even if she was playing some kind of trick with me, then also I hardly had anything to do. Seeing no other favourable option, I gave the declaration, wherein, I made it very clear that I was being forced to submit it and that F&F settlement should be done at the earliest, I should not be harassed later on by the HR or the accounts department.

 

I am searching for another option, hopefully, things should click very soon, having that faith and trust upon God I had the strength of declaraing about my dismissal from the company November end. I have received salary for the month of October 2012 on last Friday.

 

Regards,

 

Hena

You may keep a copy of the undertaking given by you.

Focus and setle your next venture as ap.

There shall be no end to tactics and actions by company and there may not be an end to you feelings getting hurt. Your employment is going to end. If you want to agitate you may build record by submitting gentle but specific and pointed communications.

All companies would expect to fetch business and generate revenue and profit.

Firm up your next venture as ap. Forget about this company. Fight out this GM in the market place.

 

You have posted that:

--“ I was forced to give a written declaration yesterday stating if I am unable to get total collection of Rs.30.0 lacs by end of November,2012, I shall resign and the F&F settlement should be done.”

If you resign with immediate effect by the end of Nov Company may adjust notice pay in FNF statement. Hence if you resign you may submit notice of resignation and let company accept it with immediate effect. Do not get cajoled by verbal assurance that notice pay shall not be recovered in FNF statement. Company may adjust notice pay in FNF statement and square off your dues.

What is the date on your declaration? Assuming that it is dated 5^th Nov you may count your notice period from this date.

Has the company inserted any clause on Non Compete/NON disclosure in your appointment letter or have you signed any other service agreement advising you not to join any competitor for say another ……1 year or so. You must mention in your notice of resignation or subsequent communications that  Mr/Ms………..designation/dept, address……..has waived off the notice period/pay and Non Compete/NON disclosure clause and obtain acknowledgment of your letter and obtain  communication in writing from appointing authority/company personnel who has signed any other service agreement that such clause on Non Compete/NON disclosure etc is waived off along with notice period/notice pay. If you are separating by subscribing to the wishes of management, company should issue such communication in writing.

--“ my reporting boss has been torturing me constantly”,

Report in writing under acknowledgment with a copy to you, to Chairman, CEO and keep evidence. Employee should record such transactions {audio/visual}. Employee should keep evidence.

"Get a business card from the customer or the broker. Let me talk to the person over the phone". She does all this just to cross check whether I am out on official purpose or (as she doubts) on personal work”

You can politely ask in writing under acknowledgment with a copy to you and good offices and Head-HR to supply you the daily report format of the company, applicable to your designation if any and enclosures to be attached.

“I need to resign (as per the written declaration already taken from me after much mental trauma)”

This is an opportunity to write to good offices that a declaration has been extracted from you under coercion, pressure and now you are being insulted, humiliated, in office. Do you have copy of this declaration, if not you may mention that till date you have not been allowed to get the copy also. This act of the company to force employee to give up employment by applying force can be termed illegal, and this may be the reason that your GM wants you to resign as ap by another resignation. Otherwise later how shall you prove that such document was extracted from you by force/coercion/pressure? Moreover company may ask you to sign another resignation by end of Nov {and may count notice period from that date} and may not use the declaration to end your employment. The declaration might have been obtained to build pressure on you. Company has understood that you would want your salary to be paid to you, and you shall agree to its demands and tantrums. Isn’t it?

“She has insulted me many times infront of her team of executives, which, for me, being the Asst. General Manager, is a metter of utter shame and humiliation.”

You should lodge a compliant however onus of proving is upon you. You can prove by evidence. Shall these executives be your witness? Chances are NO. So record such transactions, and collect clinching eveidence.

“She had sent me the instruction through the HR stating that I should sit in the cubiles outside since the accounts department were doing some audit that time.”

Company can do so.

Based on your complaints if company conducts an inquiry for eyewash and if it concludes {after obtaining statements of peers in the office} that nothing of the sort happened as claimed by you, there shall be no logical achievement by you. If you have recorded such transactions, you may have something.

If the dip in sales is uniform and universal across the company one employee should not be isolated and targeted.

You should decide what exactly you want and prepare accordingly. You shall succeed if you are able to prove your charge in your complaint.

 

Hello Sir Kumar,

 

You have already helped me in my case wherein you gave your valuable advice how to tackle the case of termination within 3 months of services.

Now the scenario is that my reporting boss has been torturing me constantly, trying her level best to break my silence, try my patience, so that I resign immediately. Whenever I go out to meet any client or a broker for fresh business, she keeps telling me, "Get a business card from the customer or the broker. Let me talk to the person over the phone". She does all this just to cross check whether I am out on official purpose or (as she doubts) on personal work. I know this very well that these last few days in November is the last resort for me to achieve the assigned target of 30 lacs, which, if I fail to achieve, I need to resign (as per the written declaration already taken from me after much mental trauma). I cannot forget my duties and run here and there. She has insulted me many times infront of her team of executives, which, for me, being the Asst. General Manager, is a metter of utter shame and humiliation. She has never instructed anyone in the team to get a business card from client or has never insisted on apeaking to the customer over phone. All this she says only to me!

 

I had been allotted a sitting place, which is also being shared by the accounts department. Now, she wants me to get deprived of that place also. She had sent me the instruction through the HR stating that I should sit in the cubiles outside since the accounts department were doing some audit that time. Before this nobody had any problem with my sitting there and doing the followups and other day to day works, now all this. What is happening, as a result, is, that I am getting deprived of mental peace and at the same time am being humiliated before juniors.

 

Sir, can I do something legally against the Geberal Manager, who has been torturing me like this. Kindly advise.

 

Thanking you,

 

Hena Anwar