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Jayanta Bandyopadhyay   24 January 2024

Termination notice without prior warnings about poor performance

Seeking your urgent guidance.

Employer has served one month's notice to Mumbai based Foundation for termination citing poor performance.  However,  they have never given any communication about poor performance.  Can Mgt serve single notice without highlighting shortcomings and course correction process. If true, then Mgt can serve notice whimsical. In appt letter, possibly due to typo error, they mentioned that appointee can terminate employment but missed out the appointing authority role. Can they amend letter now?

How to protect employee interest? He is sole earner.

SOS please.

Regards

Jayanta 



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2024

If the employee is aggrieved by the acts of the management and the termination, he can issue a legal notice to the employer demanding the details for the reasons they rely upon and  that he can demand reinstatement failing which he can escalate the matter through legal forum for relief and remedy

Sudhir Kumar, Advocate (Advocate)     24 January 2024

query is not clear.

 

who issued notice

 

to whom issued notice.

Jayanta Bandyopadhyay   24 January 2024

Termination notice wef 31 Jan  is issued by Appointing authority to the employee. During 11 months, Mgt never mentioned about any shortcoming. Could they suddenly do it without any documented proof. Else it is boss's perception and whimsical to play with

 

T. Kalaiselvan, Advocate (Advocate)     24 January 2024

If you are really serious about the problem you have mentioned here then you can proceed legally against the employer instead of wasting your time by repeating different stories in different posts of this thread.

You were advised how to tackle the issue, hence you may approach an advocate having good knowledge about service matters and proceed as suggested

SRIPRAKASH BHATTACHARYA (RETIRED)     24 January 2024

Your query is not clear at all. At starting you have talked about Foundation. Then you have talked about an individual which is you. 

Unless you state the terms of your employment condition which are written in your employment letter and further present your service rules, correct guidance can't be given. But please note if an employer want to get rid an employee there are 1001 ways to do so. Nothing will come out from the advocates or judiciary. You are at receiving end will remain so. Instead you may be in mooe problem. Think of all pros and cons and be practical. Don't fall in the prey of anyone suggesting you to move to the court. Doing so someone will be benefited instead of you. 

 

Jayanta Bandyopadhyay   24 January 2024

Sir

 

It is IT solution Pvt Ltd Co but dotted line reporting to Foundation courtesy cross holding and common directorship. 

Employee is served a notice with one month Pay allowance.

Even in an highly uneven battle, many employees or union won Cases against mighty Mgt. Seeking Some relief thru available routes 

Trust making it clear

 

Ritesh Maity (Labour Law Advocate)     26 January 2024

Appointment letters cannot be amended at the whims of the employer without any notice to the concerned employee. 

Service of an employee can be terminated for misconduct. Wilful poor performance can also be treated as a misconduct. However, in such case, a show cause/ charge sheet is required to be given to the employee seeking explanation preferably proceeded by a disciplinary proceedings. Based on the findings of the disciplinary proceedings, the managemnet may take any action. Directly dismissing an employee without giving him an opportunity of self defence would make the dismissal illegal. 

You may challege such illegal termination before appropriate court of law. 


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