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Abdul Samad Md (Working for Pvt. Ltd.)     11 February 2016

Employee - disciplinary action after resigning

Dear Lawyers,

I have a very big question, can the employer take disciplinary action or initiate the same after 1 week, I have resigned not getting threaths of disciplinary action against me, from Manager and HR

I am a top performer

I received appreciations from stakeholders

I am recognised by client and they give client delight award.

 

Due to some situation, I have resigned but I am getting threats regularly from HR.

They want me withdraw my resignation. what I have to do, Please suggest me as it is very very important to me and my career.

 

Thanks,

Arif



Learning

 12 Replies

Kumar Doab (FIN)     11 February 2016

Record the threats (audio/visual/minuted/witnessed).

 

Download the record/data/awards/rewards/performance/recognition.

 

Manager and HR are not your employer.

 

Once you have each document you can defend yourself.

 

Are you a member of employee's/trade unions?

 

Once you have proof of threats you can even submit a gentle representation to Manager and HR to not to threat etc and  lodge complaint with good offices of appointing authority,MD and even lawful authority in your case.

 

What is your designation and nature of duties?

 

Whats is this establishment?

 

You are in which state?

 

 

Sudhir Kumar, Advocate (Advocate)     12 February 2016

vague query

G.L.N. Prasad (Retired employee.)     12 February 2016

If you are not involved in any offences, ignore such threats. The maximum punishment is dismissal, and when you have left the job, you have nothing to fear.  If they continue the threats issue a legal notice through your advocate in strong words.

Sudhir Kumar, Advocate (Advocate)     12 February 2016

not able to agree or diagree withe Mr Prasad.

 

You have not stated whether this is Govt employment or not.

Kumar Doab (FIN)     12 February 2016

Mr.Sudhir Kumar has posted in detail on queries pertaining on Disciplinary matters.

The querist need to respond on points raised in the thread.

Abdul Samad Md (Working for Pvt. Ltd.)     15 February 2016

Dear Lawyers,

The Query consists how they have accessed me provided all those awards, and suddenly they are using the word against me "Disciplinary actions" against me after my "Resignation"

  • The opponent team is getting big day by day, where initially it has only Managers, 3 HR's and 3 Employees.
  • Will they cause problem to me for providing me the "Relieving Letter" and "Settlement amount"
  • This company is located in Karnataka.
  • My position now is an associate to the manager.

 

  • I too feel the condition applied against me to retain is "Disciplinary Action". Prior to this I have already resigned from the post 8 days earlier.
  • During discussion (Confrence call and one to one meetings) it is conveyed to me take your resignation back, as I am only the crusial team member)

 

  • The reason i have resigned is because of the following:
  1. The fame and name what I have achieved, some employees started "DEFAMING" me and when I told to Manager says there is nothing I see as defaming. (After getting "Fame" or into goodbooks of all will hurt a lot to me, I have got into the eyes of the level of "Stakeholder", "GM" and "AGM" of a company, I have been recognised from top level guys).
  2. I understood they are only one not two persons I am speaking to.
  3. I understood the intensions and conspiracy behind to defaming me.
  4. I have resigned from the company, as I felt the things not to get worser against me.
  5. I have Resigned from the company,

 

Thanking You All,

Arif

G.L.N. Prasad (Retired employee.)     15 February 2016

It is not fair to seek guidance in hypothetical questions and doubts. You must be aware as to what disciplinary action can be taken against you, when you have committed no wrong.

Abdul Samad Md (Working for Pvt. Ltd.)     15 February 2016

This is not a doubt, I had discussion regarding the same and I have been communicated, could I PM you

 

Abdul Samad Md (Working for Pvt. Ltd.)     15 February 2016

Dear Sudhir Kumar sir,

I too I too feel it is a vague and very vague, So, I felt how can they say like that to me. It is not judicious or relevant, when thay say "we are Equal Opportunity Employer" that doesn't include this technique to retain an Employee.

I am not at all getting resolution to my query, I have researched on various HR sites and manager sites they use techniques "how to retain the employee" the tips shared are been helpful to maximum HR's and Managers.

And the technique used against me is as it is what have been shared among HR's and Managers of different Companies.

 

My Query is, If there was a situation and decision to take "Disciplinary Action" against me then:

  • I would not have been recognised as the BEST!! Employee. And rate me as the BEST!! and rating is along with justification.
  • I would not have been appreciated by the StakeHolders.
  • I would not have been sponsered for H1B as a recognition and contribution towards my work.
  • I would not have been promoted to next level.
  • I would not have been provided with Rewards.

 

Thanks,

Arif

Kumar Doab (FIN)     15 February 2016

These are appreciations,recognition,awards,rewards.

Disciplinary action is for misconduct.

If you have not committed any misconduct then why worry.

 

Try to consult an able counsel and seasoned Employee's/trade union leaders than reading alone.

At Dept. of labor-Karnataka  website there is a page on list of trade unions.

Then there are IT/ITeS  employee's unions in Karnataka.

 

If you are not happy you have all right to change.

Servant shall choose the master.

Apparently since ou were in so called Crucial Team the employer and even so called stakeholders do not want you to be in competition hence the mind or other games.

 

If you have the requisite skills you shall be absorbed by other employers without relieving letter as well.

 

Negotiate your terms well with next employer and make them agree (in writing) that you shall be absorbed without relieving letter and shal not be terminated even if current employer posts adverse comments.

 

Abdul Samad Md (Working for Pvt. Ltd.)     15 February 2016

Thanks a lot "Kumar Doab" sir for such a fine suggestion. I got some clarity after seeng the word mind games, and I will reveal what actually the situation is.

Situation is "Parent company and Child company", and from "X" I come from and work for Child company, I got the appreciation and recognition and many more from the parent company directly.In a result "X" company came to know the importance and displayed the things like recognisitions and extra biscuits (extra plans of future for me) are shown to me.

Now the "X" company wants me to withdraw my resignation ( As, they won't get the billing ). suddenly by seeing my resignation they have come up with only one solution to put some remark on me.

Scenario was because of politics employed by "X" company started defaming me, As a caution I have quitted from the "X" company and they are blaming me and threatning at the same time they don't want me to quit as well,

Ultimately consulted you experts, to know is this the proper case, can a employer still take disciplinary action against even for a ex-employee? that was my question.

 

 

Thanks

Arif

Kumar Doab (FIN)     16 February 2016

Download the proof of no Misconduct, awards,recongnitions,rewards,awards, defamation and threats etc.

 

Handover under proper acknowledgment.

Submit final resignation under proper acknowledgment and atatch the copy of notice with POD.

The counsels as already suggested can guide you further.

 


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