Unfair treatment by a company ending in termination
Vinu Priya
(Querist) 15 May 2012
This query is : Resolved
Dear experts,
I am posting this in behalf of my husband. He was working in leading MNC courier as CFSR (Customer Finance Service Representative). His job location is at Tirupur, tamilnadu, whereas he works with the clients of tirupur and entire Kerala. His job responsibility is to follow the clients from bill issuing until payment collection, settling disputes in billing issues, etc.
But there is agency authorized by THE COMPANY to pick up the cheques and to deliver the bills. My husband work is to take print outs of bills and to hand over those to the agency. And once the payment is ready from the client, he should ask the agency to pick up the cheque. This is the work of agency. The agency should raise a bill to the company and get the payment for their work done. The processing of this bill should be approved and directed to the accounts department by the CFSR manager, whose work location is in Chennai. (He is in charge for entire Kerala and Tamilnadu, and my husband is his sub ordinate)
18 months back, when the CFSR manager came to Coimbatore for a meeting with his subordinates, he orally appointed another agency (this is a agency who has already authorized for housekeeping) to pick up cheques for some areas in tamilnadu and to kerala. But they weren’t good in collection at kerala, may be due to man power shortage or there may be some other issues which my husband didn’t clarify me or he himself does know. He was facing some problems in payment collection and once he has conveyed his manager, that no one is there to collect cheques in kerala. And while in this discussion, he has told him to get someone to do that work and he could add this work in agency bill. This was discussed in phone and there is no evidence to prove this.
My husband picked a guy in Kerala who was once working in a Security agency (For some time he was working as security to the company through that agency) and used to collect cheques through him. He would add this collection work in the agency bill along with other tamilnadu collections and would send this for bill processing. Once the agency gets his payment, he would give my husband the amount to be paid for the kerala person. My husband would go to kerela for client visit twice in a month. When he goes he would pay the guy who worked for him. This procedure was going on for almost 6 months. In between his manager resigned and a new manager came. Again my husband has told about this process in phone to his new manager and the same process were followed untill two months back a person from The company Security department came to investigate about this.
First day he went to the agency person, he enquired him. The agency person has given a written statement that he has no agreement with the company for cheque pick ups, he would bill for cheque pickups in Kerala and would hand over the respective amount to my husband. The next day, he enquired my husband whether he pays to the kerela guy. My hushand reported the fact and the security person has asked for proof that he has paid to the kerela guy. As my husband has no payment receipts he has given that kerala guys mobile number. The security person has told my husband that he believes him and he would report that process was not followed as per company’s policy.
Two months later, his manager called to report him at Chennai to close this enquiry. My husband was confident that there may be warning notice or a suspension as he has not fradulated or misused cash.
At Chennai, a HR executive and his Manager interrogated him a whole day. What ever question they ask they would end up asking what is the proof of payment made to the kerela person. Each time when they ask, my husband would reply, since the guy has not raised any bill to the company, I cant get a payment receipt. If they want they can ask him, whether he got the payment or not, as he has already given the mobile number. They would say they cant do this and he has failed to follow the process. My husband has reported that he has informed manager through phone, and he has also approved the bills. But this statement, HR didn’t write in his report. (May be he would have join the hand with manager and this statement would go against manager too).
Finaly at the end of the day, my husband was asked to give a written statement that he has not followed the company policy. Receiving this they send this report to the senior HR along with a suggestion for his termination. He was asked to wait till tomorrow. And the next day evening his manager told that a termination order is coming in mail and my husband has to sign it. It was 7’0 clock in the evening and the office time has been crossed so my husband caught bus to tirupur. While he was coming back, his manager called him up and my husband refused his termination and has told that he has to talk to HR in person. But his manager refused that it cant be done.
Next morning as usual my husband went to office, he checked through his company HR website. There is a provision called GFTP (Guaranteed Fair Treatment policy) in which a employee can go for this when he feels he was treated in unfairly manner. Seeing this my husband called to HR Manager of south zone, where he got a reply that GFTP is denied to employee who got terminated under non acceptable conduct. My husband has told that his manager knows everything from the begining and if he is guilt then his manager is also guilt by giving his approvals. His HR manager has replied that they would handle this separately and he can’t do anything in his termination. In despair my husband called to his manager to reduce his termination as a voluntary resignation so that his future would be safe. His manager assured he would do his best in this regard. My husband asked him that he would send his requisition in mail. But his manager told him not to do so and he would talk to HR Manager. But in the evening he said that his termination is final.
After his working hours, first my husband send a mail to his Manager and Senior Manager, saying that he was shocked to hear about his termination and considering his job performance, he has request to reduce this termination as his voluntary resignation. (My husband has got brava zulu award from the company in march and april 2012. No one can blame his performance as he has maintained his achievement % of target from 90 % to 120 %). Just after receiving the mail his manager called him back saying not make it more complicated by sending mails, as most of the big companies would call and refer the company for his previous experience. If he sends more mails it would go against himself as he can stop his compensations.
After that my husband send another mail to his HR manager and HR MD, saying that he was treated unfair, biased and unequally. He has also asked question that how could his manager suggest his termination, where he is also a guilt person in this regard and how he could enquire him. But till today he didn’t receive any mail in this regard.
This is what happened. Experts pls clarify me
1. How can I proceed this ?
2. Is there anything that I could do to get his experience certificate, as his senior HR has told in phone that they won’t give him experience certificate but they won’t stop his compensations.
3. Till now my husband didn’t sign his termination report. Will there be any consequences if I go for an appeal.
4. Having no payment receipt is a fault. But they should have enquired that person whether he has got his payments? On this ground can I go for an appeal.
5. What if I get a declaration from the kerala person now declaring that his payments have been settled at the appropriate times.
6. So many fraudulent activities have undergone in THE COMPANY. But mostly they have sent those employees by forcely getting their resignation. Termination should be the last decision. The penality we had paid is higher.
7. In THE COMPANY, bills must be obtained from a registered and authorized agents. Cheque pickup bills were being made in the name of agency who is been appointed for house keeping. This is also a wrong process. The manager can’t approve such bills. But he has approved.
8. Even If we don’t know whether a revised agreement is made with the house keeping agency authorizing him for cheque pickup, he can’t raise bill for those cheque pickups which he hasn’t done. If the manager has approved those bills, he too has not followed the process. Even if he claims that he is unaware of what has happened, Why still the agent is being authorized by the manager for cheque pickups, were they have proved fraudulent by billing for the work which they haven’t done?
Pls help me what I should do? Because we cant get a job from a corporate office without a proper relieving order or with a termination order? My husband’s future is in stake.
Meanwhile we are not able to digest the betrayal. It is so frustrating that we haven’t been treated fairly and equally. Pls help me.
Desparately seeking your help.
Priya
mahendrakumar
(Expert) 16 May 2012
it would be better to seek local help for such lengthy queries and issues.
Guest
(Expert) 16 May 2012
Dear Venu,
Your case is not worth casual consultation. You/ your husband may better consult some local service laws expert by personal visit on appointment.
Vinu Priya
(Querist) 04 June 2012
Finally, my husband has received the termination letter. In which he has been alleged the following
1. Engaging a security vendor employee for cheque collection without agreement or approval from the company.
2. Passing confidential information to another vendor,getting fradulent invoices generated in comvenince with them and raising wrong internal payment request to the manager for the same.
I am insisting my husband to go for a legal aidance. He does not want to complicate issues and he is affraid if any thing goes wrong, it would spoil his future.
After having discussions with him, he has finally agreed to send mails to higher officials claiming he has been discriminated and been treated biased. Also he wants to claims to vindicate him from this issue and to give his job back.
Can any one guide me how to draft letter, what are the points I should highlight. What should i omit. What are the key words I should add to add more value......
