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Human Resources » Industrial Law & Discipline

Chrm Message From: janak_champaneri Total Posts: 18 Join Date: 26/05/2008
Rank: Executive Post Date: 21/03/2012 22:51:57 Points: 90 Location: United States
Dear All,
An employee has been asked to be terminated on the grounds of inefficiency. In order to take revenge an employee levies the blame of mental harassment on the Manager  HR. What remedial measures a manager can take where he is falsely implicated and how  he go about in legally against the employee for defamation suit. 
Thanks & Regards,
Chrm Message From: HR_Professional Total Posts: 7 Join Date: 26/05/2008  
Rank: Beginner Post Date: 22/03/2012 05:29:57 Points: 35 Location: United States

Hi Janak,


Any termination depends on the laws that particular organization is covered and other legalities that are applicable for that region or area.



Chrm Message From: paladin Total Posts: 31 Join Date: 26/05/2008  
Rank: Executive Post Date: 22/03/2012 21:42:45 Points: 155 Location: United States

The best defense against any type of harassment/ discrimination charges is documentation.  Document any and all interaction with the individual, the "goods" as well as the "bads", particularly note any disciplinary actions and performance evaluations.

Since the employee is charging the Manager HR, (s)he must present clear and convincing evidence of such harassment, otherwise the employee is open to a lawsuit for defamation of character and related civil charges, in addition to loss of employment, as well as the humilation and scorn heaped on him/her by soceity

I would not agree to the request to be terminated, I would insist that (s)he resign.  By this voluntary action - resignation - there are no grounds to file an unlawful termination charge against the Company.  In fact, I would write the letter for the employee, to the effect that:

"I __(Employee Name)___________ am leaving the employ of ABC Co. after ___ years/ ____months of mutually beneficial service for personal reasons and to seek a more challenging position elsewhere."



Hope this helps.




Chrm Message From: HR_Professional Total Posts: 7 Join Date: 26/05/2008  
Rank: Beginner Post Date: 24/03/2012 00:02:04 Points: 35 Location: United States


I agree with Paladin on the point that documentary evidence is required to substantiate the charges of harassment. But the resignation also has its own pros and cons depending on the relationship the employee is having with his / her immediate superior but here the case is different hence it is better to proceed further after going through the laws of the organization to avoid any further legal complications.



Chrm Message From: narendagar Total Posts: 4 Join Date: 26/05/2008  
Rank: Beginner Post Date: 24/03/2012 00:40:57 Points: 20 Location: United States

Mr. Paladin has rightly said, in any case of termination, a full case should be well documented and all procedures before or after termination should be fully completed

Whether it inefficiency or any other charges, there should be full enquiry full documented and the employee should be given full chance of puting her/his part against the charges against him.

All hearing should be fully recorded/documented by 3-4 group of people.

Secondly, as Mr. paladin has said that we should rather go for a resign than termination.


Thanks ,


Narender Dagar





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