Sudden termination

Syed Asad Ali (Querist) 24 June 2020 This query is : Resolved
Hi all,
Last week I was called by HR and informed that because of low performance,employer don't want my services.I completed 7 months of employment whereas my probation was for 6 months.Moreover they pressurized me to sign 2 letters one stating that I m resigning voluntarily and other letter stating they r terminating my employment because of low performance.I m left helpless in this pandemic situation.I worked 12 hours for 3 months without extra pay hoping for confirmation n bonus due in Feb-2021.Plwase advise.I m sure there are people who worked with me in projects having lower quality than me .They fired 100, employees with me may be to avoid paying variable pay due in Feb-2021.

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If your employment is suddenly terminated due to performance issues, especially after your probation period, it's important to understand your rights. The advice suggests not signing a voluntary resignation letter, as this can negatively impact your profile. Instead, let the employer proceed with termination. While legal action might be possible, it's often lengthy and costly, especially given current circumstances. Your immediate priority should be finding a new job, but don't forget to pursue any outstanding dues or final settlements from your previous employer.

Guest (Expert) 24 June 2020
Instead of wasting money and time on this concentrate on your future and long run.

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Dr J C Vashista (Expert) 24 June 2020
As your service was not confirmed as permanent, which was on "probation" and the employer was not satisfied with your performance (let it be on paper only) the employer is well within his right to show exit door for which there may be some other compelling reasons, which are inapplicable for a probationer.
Search some other suitable job, there are ample opportunities, without wasting your time, efforts and money on previous job, where you have experienced and confronted something unexpected.

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Rajendra K Goyal (Expert) 24 June 2020
There is no fix tool / foot-rule to measure the performance.

Due to pandemic, companies are taking all measures to cut cost including cutting in staff strength.

Condition of employment has worsened.

Any legal action would be time and cost consuming, try to avoid till able to get alternate job.

Search alternate job immediately.

Do not sign voluntary resignation letter, let them terminate.

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Guest (Expert) 24 June 2020
" Do not sign Voluntary Resignation, let them terminate " advise of Mr.Rajendra K Goyal would Create a bad remark in your Profile and your Resignation would sound better.

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Raj Kumar Makkad (Expert) 24 June 2020
If no notice has been given as per service agreement then the option of termination may be good for the purpose of litigation, though not advised, as the courts are not regularly working and it shall take years to get the desired results so the option remains to resign voluntarily but effective after notice period. Avail that period otherwise immediate reliving request on your part may invite surrender of equal amount for notice period.

Rajendra K Goyal (Expert) 25 June 2020
If not preferring termination, request the company to complete notice period / pay in lieu of it if applicable.

Dr J C Vashista (Expert) 25 June 2020
Generally company (ies) is/are seeking resignation from the employee which is in the benefit of both the parties (employee as well as employer).

Raj Kumar Makkad (Expert) 26 June 2020
The terms of the appointment are required to be taken care of in all circumstances.

Rajendra K Goyal (Expert) 26 June 2020
In the present scenario your first priority should be to search alternate job, afterwards claim your dues as per appointment letter / terms.

Raj Kumar Makkad (Expert) 26 June 2020
Searching alternate jobs is not an easy task these days so better to make full and final settlement with the current employer.

Rajendra K Goyal (Expert) 26 June 2020
Searching job may not be easy job, F & F cannot replace the priority for searching job.
Follow up for F & F can be done along with search.
F & F is right of author, would be paid sooner or later, proceeds not going to last for life.

Raj Kumar Makkad (Expert) 26 June 2020
Companies in this pandemic era has also become dishonest so better to have full and final dues recovered simultaneously while leaving. It is seen that later is very very late and sometime nothing is the net result if employee takes such issues lightly.

Rajendra K Goyal (Expert) 26 June 2020
Companies always use rules in most favorable manners. Claiming F & F is simultaneous act, may be taken as circumstances warrant.

Raj Kumar Makkad (Expert) 26 June 2020
Yes, I was highlighting the same point time and again which ultimately has been accepted.

Rajendra K Goyal (Expert) 27 June 2020
No effect in accepting or declining any fact by some person. Fact is always fact.

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