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Inderpal   01 August 2015

Can company terminate employee after resignation acceptance?

My Friend Has Resigned From A Company And Is In Notice Period. His Resignation Was Accepted. Now Company Is Trying To Terminate Him A Week Before His End Date. What Are The Options Available?

Should He Apply For Leave On LOP Basis For Rest Of Days? What If Company Still Terminates Him? Can Company Actually Do This As Company's Conduct Looks Suspicious Here?


 5 Replies

Suri.Sravan Kumar (senior)     01 August 2015

when the Co has accepted the resignation the qstn of termination does not arise

kameswarao S (Head HR)     01 August 2015

If the company does that then it is an unethical practice / company.  If the organization wants to get rid of the resigned employee then they can as well relieve him early but should not terminate because the out going employees are the brand ambassidors and the image of the company goest viral in to the similar industry and people don't choose this company to work.

As the process is going to affect the future of the out going employee hence the employee some how request and get out with a relieving certificate with a positive comments instead of termination lr. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 August 2015

The decision to terminate an 
employee, once made, sets in motion a number of duties of the employer to handle the 
termination in a professional manner preserving the dignity of the terminated employee and 
protecting the employer’s interests as the employer does not want to see an angry former 
employee down the road in court. 


Amol Kende (No)     01 August 2015

Yes agree with Ramacharyji but we need not to understand the case presented with us its very short information provided we need additional information is any case or enquiry pending with your friend before he resigned?

Because with out any reason is not the ground to terminate any employee from the system.

Is any unauthorised absentisum or any behavioral problems happen which are covered as per the service rools for termination ?

Kumar Doab (FIN)     01 August 2015

You have posted that:

Now Company Is Trying To Terminate Him A Week Before His End Date.”

You have not elaborated how?


If the intentions are malafide and an attempt to falsify the record and entries is being made with vindictive and zealous mindset,  then it is the time to act ASAP and approach:

Labor Authorities

Court of Law

Employee’s Trade Unions

Labor Law Consultant/Service Matters Lawyer/law Firm

And check the moves.

Record all transactions (audio/visual/witnessed/minuted).


Download everything that is relevant and useful.

Your counsel may opine that this may get termed as fit case for Unfair Dismissal/Wrongful Termination/criminal defamation/criminal discriminatory retaliation………….etc ……………….and may advise you on to build irrefutable evidence.





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