Can We Terminate Someone After He Has Put Down His Papers?

Mr. Dhingra is absolutely right. Without being in the know of all facts of the matter, an off-the-cuff opinion will not be most appropriate. If all the facts of the matter are furnished, one can give a proper opinion/advice.

However, in the present case where the employee has resigned for whatever reasons, it will not be a great idea to terminate his services. It will clearly appear to be a vindictive act.

Here it seems that the management is peeved with the employee and just wants to "fix" him, good.

Since the employee has already resigned, the best course of action would be to accept the resignation and arrange to relieve him at the earliest.

To address the situation further, you may decide not to provide him with a good experience certificate/reference.

I know of a real-life situation where the MD of the company issued a termination order under his signature, and in the said letter, he actually terminated the services of the said employee "three times." Some venom that!!! (misplaced?)

Best Wishes,

Vasant Nair

Hi,

If the resignation papers acknowledged by the employer have been received, there is no way to terminate the resigned person.

Regards,
A. Krishnamoorthy

Dear All,

I hope we are all striving to learn certain things where SYNERGY is required. Let's not get too serious. Let's come to a point where we should accept CERTAIN FACTS and implement them at all levels. Let us define a solution based on FACTS. We are all employees, and we should help ourselves and our co-workers as well. We should never try to spoil anybody's career. It's really unfair on anybody's part.

With profound regards

Dear Dhingra Sir,

The case was that my friend has some life insurance policies of a sister concern of the company in his name, which his friend X has confirmed that he has taken on behalf of my friend as he had to repay some old debts. Even my friend was receiving letters confirming the same at his communication address. When my friend checked with the insurance company, it was confirmed that the policy was updated with his communication address, date of birth, and PAN Card number. When he approached the insurance company for redemption of the policy, the insurance representatives asked him for his ID proof and a cancelled cheque. He submitted his PAN card and a savings account cheque. The insurance company took almost 15 days to process the payment into his savings account.

After a month of the payment being credited, my friend received a call in September 2010 from the internal risk management team regarding the confirmation of the payment. They asked him why he had claimed the payment, and he provided a proper explanation that he was expecting the same amount from a friend with whom he had no contact for the last 6 months. As the money did not belong to him, he returned the full amount accordingly. After that, he did not receive any further communication from either HR or the risk management team, so he assumed that the matter was resolved. He continued working as before, until he received a good opportunity and decided to resign on 1st February 2011. It was after this that all this confusion started.

You are requested to please advise him accordingly.

Dear All,

It may be all right in politics to commit corruption and resign before the people outcry. It is also good for a saint to take a lenient view and forgive a wrongdoer. But in society, particularly in industries, stern action must be taken against gross indiscipline. I appreciate the feelings and goodness of Namobita Ji and would agree to take a lenient view only if the concerned employee apologizes for his misdeeds and promises good behavior in the future; otherwise not. If the chapter is closed with mere acceptance of his resignation, it is likely that he would repeat it elsewhere with more boldness. To the best of my knowledge and belief, no law prevents any employer from rejecting a resignation letter and dismissing the culprit from service after due process of the law, i.e., serving a charge sheet, conducting an inquiry, etc., which deprives him of his gratuity.

Dear,

If this act is affecting the company's image, then consult your advocate who will be able to give clear legal guidance. Act accordingly, taking into account the quantum of damage. Normally, these advocates guide us well; it is up to us to deal with the case in a firm and fair way.

R. Srinivasan

Dear Shyam,

I suggested appropriate action on the breach and NDA, which can include a non-compete agreement. In this agreement, an employee cannot join a client or a vendor and start a business within the lock-in period, which is three to five years. Punishment would not remain valid if the right course for the future is not defined.

Regards,
(Cite Contribution)

Dear Arpita,

One can certainly understand your frustration at having spent so much time and money on recruiting someone, only to have them resign. However, terminating someone (except on grounds of illegal activity) also has a negative impact on the brand value of the company in the market. As long as this person studied for his MBA examination during his leave as promised, he has fulfilled his ethical and moral obligations to the company.

One cannot really prevent an employee from searching for better opportunities elsewhere. As for attending the interviews, he could have done that anyways, whether or not he was on leave. Even if this person has attended interviews, I would gently submit that you perhaps need to reconsider your decision on terminating this person. A better way would be to simply let him resign.

Please find the concerned Coal India Ltd. vs. Mukul Kumar Choudhuri 2009 (123) FLR 601 judgment from the Supreme Court of India.

Hi to all HR members or seniors,

This is regarding the same situation that happened to my friend. He was initially asked to change his designation or job role from Project Manager (Audit) to Mgr-Admin in the education industry after 3 months of joining, without any valid reason. This change was motivated by a senior employee's jealousy towards his performance, constantly belittling him for having less experience while holding the same profile. This situation involved some politics, and my friend had to accept the change due to his probationary status and career concerns. Consequently, he was relocated to their Saharanpur office for an administrative role. However, after just 1 month, he was terminated on grounds of being distracted from work and displaying job laziness, which was not the case as he had been performing well, a fact I can attest to.

Can you suggest ways for him to be properly relieved and obtain a service certificate? He has not yet accepted the termination letter and needs to respond by today (28th March 2011).

If anyone experiences such situations, what should one do as it impacts one's career and life significantly?

Please suggest some solutions. Looking forward to a positive reply ASAP!

Regards,

Aashi