• Manager is targetting me for termination/plan

I work for a reputed ITES based company and my manager is trying to put me directly into Plan 2(PIP), whereas as per HR policy, I should move to Plan 1(PDP) and then to Plan 2. However, for me to be put on Plan 1 as well there has to be written documentation stating that my performance was not good for 6 months as they claim to be. There is only 1 instance of feedback provided which is not related to performance, but was for a team feedback. However my Manager and HR are using that against me to put me on Plan 2. When I had a discussion with them two days back and put forth my points and details, yesterday the HR is now ready to put me on Plan 1, which also is not the correct procedure, as even for me being put on Plan 1, they need documented feedback which is missing. Also, the written feedback which I had signed was in duress and the principle of natural justice was not followed, as I was not heard in the Investigation that was the basis of the only documentation provided to me. During my meeting with HR yesterday, they had informed me to may be take a legal recourse which was more of a threatening note, as the pay and rating discussions have been closed and they do not want to change any of them, as it would put them(HR and my Manager) also personally to be answered from the top. The HR is trying to side with my Manager, as he has an illicit relationship with one of my direct reportees, which now is in public domain, which he feels has been made public by me, which is not the case and so he is targeting me. There is also one another employee whom he has directly threatened with his job, who is not in a managerial position unlike me. In my self review for development areas, which is a mandatory field, I did mention the only two misses, which are now being used against me for the above.The HR also has overtly specified more than 4-5 times in the discussion, advising me to leave the company. I am told I have a meeting with the HR on this Monday and hence am looking for options. Thank you in advance.
Asked 7 years ago in Labour

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3 Answers

1) it is better you resign from your job

2) serve the notice period

3)collect your expereience and releiving letter from the company

4) if you antagonise the managment they may terminate your services whcih would adversely impact your career prospects

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Your assertion is that you have to be put on Plan 1, the condition precedent to which is a documented feedback, which is missing in your case.

2. You say that the written feedback was signed by you under duress and the principles of natural justice were vitiated. If this be so then you ought to have served a lawyer's notice to your employer at the first instance to assert that it was under duress and revoked the consent, failing which it is not practically possible to prove the claim of duress.

3. The scope of judicial review of the actions of private employer is very narrow as it is confined to determination of violation of contractual obligations by the parties. The courts do not rewrite the reports and feedbacks of the institutions.

4. If the institution takes any action against you then you may chalk out your further legal recourse in consultation with your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The HR is not the decision making body, but he can influence the decision maker to decide as per his report or proposal.

The top management until there is a representation from the employees, may not be in the knowledge of whatever is going on or they wont bother to interfere in the routine admin matters until there is a serious issue.

However this would not bar you from approaching the top management if there is an adverse impact due to the HR's activities against you.

You can represent in writing about the hardships you are made to face due to somebody's personal reasons and the circumstances created which force you to quit or exit the company.

Wait for the meeting with the HR to be concluded and decide further course of action.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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