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Can we terminate?
Human Resources » Industrial Law & Discipline

Chrm Message From: vchouhan Total Posts: 25 Join Date: 20/12/2007
Rank: Executive Post Date: 22/01/2008 08:18:22 Points: 125 Location: United States

Dear All,

Need your advie/suggestion on the following.

We have recruited one guy two months ago in our technical dept. (he was pursuing MBA in second year). At the time of interview we had agreed to give him a month’s leave for his final exam. And we did give him the leave. Currently he is on leave for his exams. Now we came to know that he has appeared one / two interview and he got selected also in some company.

Friends, Also we came to know that he will be coming to our organisation for putting up his resignation.

My question here is, should we accept his resignation & relieve him or can we terminate him or what else can be done (Apart from speaking to college personnel & blacklisting the college)

Also is there any law preventing us to terminate such people.

Your inputs is required at the earliest.



Chrm Message From: rajasekar Total Posts: 57 Join Date: 20/12/2007  
Rank: Manager Post Date: 22/01/2008 08:20:21 Points: 285 Location: United States

One can certainly understand your frustration at having spent so much time and money on recruiting someone, only to have them resign.

However terminating someone (except on grounds of illegal activity) also has a negative impact on the brand value of the company in the market. As long as this person studied for his MBA examination during his leave as promised, he has fulfilled his ethical and moral obligations to the company.

One cannot really prevent an employee from searching for better opportunities elsewhere. As for attending the interviews, he could have done that anyways, whether or not he was on leave. Even if this person has attended interviews.

I would gently submit, that you perhaps need to reconsider your decision on terminating this person. A better way would be to simply let him resign. If he doesnt, excellent ! It is an indicator that your company is better than its competitors at retaining talent.

Thanks and have a great day !


Chrm Message From: kaushik Total Posts: 61 Join Date: 20/12/2007  
Rank: Manager Post Date: 22/01/2008 08:22:00 Points: 305 Location: United States


An organization must strive to keep people who are happy to be working with them. So, if the employee wants to leave, let him go his way.

The frustration is probably since you considered him for long leave. If he comes back and puts in his papers, you could consider the leave taken as loss of pay.

Working in an organization and chosing to move on, is a purely professional decision, and we,in HR, should not be emotional about employees who want to move on. I believe that it is in everyone's best interests to shake hands and wish him well. This way, there is no loss of good will. Ex-employees are brand ambassadors and can affect the way an organization is seen.

Also, in a lighter vein, if we, in the IT industry, terminate every employee who attends interviews after applying leave, we will have no employees left!!

Wishing you all the very best!!

Chrm Message From: bindu Total Posts: 59 Join Date: 20/12/2007  
Rank: Manager Post Date: 01/02/2008 23:04:17 Points: 295 Location: United States

You must have put more efforts during recruitment process. You are thinking on one side of coin, if you think on other side of coin you may change decision. As per the understanding between both of you, He availed leave to attend the examination, by design or default he might have got another job. Naturally as a human being every body want to grow as fast as possible. I feel termination may create negative impact. i may be wrong also.



Chrm Message From: sanjay04 Total Posts: 57 Join Date: 20/12/2007  
Rank: Manager Post Date: 01/02/2008 23:05:39 Points: 285 Location: United States

This is unfair way to treat employees. Only bad employers do this. Do not get indulged into all this. It's a private life, whatever he does. I can understand that it's a matter of trust but as a good professional company, & as a community, we should be above all these.

In case he is not happy, he will definitely leave. Always treat employees with respect.

I was in IT industry for 4 years & this was the trend, what you have written. Most of such companies are closed.

Let people not gossip in company on such matter. Rather we should tryy to create retention policy & how can you attract him not to leave. These are my personal views.

Sanjay Mewar

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