Company forcing to resign on non performance, commitment levels
My friend works in a Delhi based Consulting company - ABC Ltd, spread across regions, they are business enablers for Foreign Companies. Since last 2.5 years, my friend was working with the client of this company, promoting their business, setting up new agents, profile involved domestic travel, and was a work from home job.
She was on probation period for initial 6 months, which got extended to more 6 months citing improvement is needed in her performance. And only after 1.5 years she got confirmation letter,as her performance got improved & in the letter client mentions that ABC Ltd should help her with improving her business communication skills.
Everything was running smooth, and she got an opportunity to visit UK for training, couple of months ago, and in good faith, she discussed with her boss in UK (ABC's client) that she would need some days leave to undergo a medical procedure in next 2 month [between July End to August Start], to start a family to which the boss (ABC's Client) had approved verbally. ABC was still not informed as this was just a conversation and she would going to take permission from ABC after confirmation of the dates with the doctors.
In last 2 months, ABC's client has appraised her work verbally and even offered her to provide bonus if the business does well in September.
Until one day in current month, ABC's HR head and Business Head asks her to be in call. and give her a reason that ABC's client is unhappy with her performance, finds her commitment level low, and is fatigued and has lost Trust in her work, as her work approach is 'CASUAL'. and cant work with her anymore.
This was an absolute shocker for her!
Since September is a major business month for the ABC's client, and the Medical procedure was due in end of July/ Aug start, citing above reasons from the client, ABC wants her to stop working immediately and is willing to provide 2 months compensation instead of actual 1 months as per policy. And wants her to resign else they will initiate a disciplinary action and go in a formal way to terminate the services.
The timing this event is just before when she was about to ask for a medical procedure leave, and is purposefully done by the ABC's client as he does not want to loose business.
she has asked ABC to help her in serving a different client of ABC, to which ABC is denying as it is against their Policy, she also asked for a six month severance package from ABC to which ABC denied, as it is not possible.
in another call with her, ABC HR Head says its not performance but commitment and casual work attitude which is a problem, and they have asked her to type her resignation and send it to them so that they can proceed with further process, and HR Head committed that they will guarantee her with 2 months compensation, and doing her a favour by going against the company policy.
Nor has ABC contacted her for support and is not willing to help her in continuing the job. they just want her to resign and move out.
She intends to seek a legal advice for this. what should be done against the company and the client. please advice