1. #1
    Unregistered

    Can I terminate any employee without notice period?

    I am an HR professional and have to terminate an employee with immediate effect without any notice period as the employee has been warned many time for his bad performance. The employee has not completed his 6 months in the the company. Can he take any legal action against the company? Guide me for the same.

  2. #2
    anjali.nmit12@gmail.com Array
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    Re: Can I terminate any employee without notice period?

    hello sir/mam,
    if that employee has not done any fraud or illegal stuff in the company......
    and only his performance is bad then i guess itz better to give notice before termination........
    if you are giving notice before termination then it carries a +ve point also as after giving notice he/she may perform well in the company......he/she got recruitment in the company only bcoz he is good candidate and he deserves to be your compny employee................
    if he/she will take any legal action against company then it wont affect company anymore........

  3. #3
    ajay Array
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    Re: Can I terminate any employee without notice period?

    hello friend,

    You cannot terminate or suspend an employee without any notice period.

    If you did, it can be considered a constuctive discharge and the employee should file for unemployment.

    However, they do not have a right to claim Back Pay or severance absent a contract that entitles them to those benefits.

    If an employer suspends an employee until further notice and they apply to unemployment based upon constructive discharge,

    then the employee would end up having to appeal and the employer would have to prove the alleged misconduct and

    prove that the employee has not been terminated and is on a suspension with a definite time.

    Thank you!

  4. #4
    neha agarwal Array
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    Re: Can I terminate any employee without notice period?

    Hi,

    If you want to terminate the employees because of their consistent bad performance, then I would like to let you know that you can not terminate them instantly. Either you have to give the time of notice period to be in the company or if you do not want them any more then you have to pay them in advance for notice period days.
    And instead of terminating them you can ask them to give their resignation. You can tell them that either you resign else we will terminate you. As they have not violated any rules of the company and you want to terminate them due to their bad performance only, then its better you can ask them for resignation.

  5. #5
    chan Array
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    Re: Can I terminate any employee without notice period?

    Its better to avoid termination if he cannot perform better..
    If his behaviour is bad you can definitely terminate him immediately...
    Also some fellows get the job by recamentation, if he has got the job in such a way then the one recommended him may take action against you ...
    So aware of the persons background before terminating him...

  6. #6
    Aayna Array
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    Re: Can I terminate any employee without notice period?

    Quote Originally Posted by Unregistered View Post
    I am an HR professional and have to terminate an employee with immediate effect without any notice period as the employee has been warned many time for his bad performance. The employee has not completed his 6 months in the the company. Can he take any legal action against the company? Guide me for the same.

    Dear Aspirant...

    Sorry to say that you are mot terminate without notice period and you give first warning

    and than notice period and you terminate any employee any bad reason so I can confirm

    you dont terminate .Other option you ask employee and take decision and you can warn

    and than you do not take any legal notice and you you do not elimination and you do not

    take any legal action.You are a HR so you can doing only legal work and you can give first

    notice period if you terminate any employee.

    GOOD LUCK

  7. #7
    sampath Array
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    Re: Can I terminate any employee without notice period?

    It will be not good to suspend or terminate an employee without giving notice.if he is warned several times for his bad performence he should be givn an immediate notice regardg bad performance,then you can terminate if he wish to leave.
    before 6months we cannot terminate as it would be breaking rules and its not illegal.

    finally what i suggest make him work properly or make him convince how his performance is affecting company.

  8. #8
    yuvi36 Array
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    Re: Can I terminate any employee without notice period?

    Hi friend,

    Yes,you can terminate any employee without notice period.
    But this is only when you have the freedom to do so.
    This in turn depends on the Rules and Policies of the company.
    If there is a clause that "Any employee can be terminated without Notice Board",then you can do so without any fear.

    Even if the employee files a case against you,even then you are not in hot water because you have valid reasons for this action of termination.
    You have terminated that employee because he was not doing what he is supposed to do.
    He is not following the rules and regulations of the organisation and hence also giving a bad impression to other employees.

    Go ahead and get him fired!

    Bye

  9. #9
    Madhu M Array
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    Re: Can I terminate any employee without notice period?

    Hi..I dont think you should terminate the services of your employee without letting him serve the notice period..It is good that you have warned him many times before and are not just abruptly terminating him but certainly he should serve the notice period..

    A rule is a rule and certainly it should be the same for everyone unless it is mentioned in your company policy that you can terminate an employee without notice period..But i dont think that's the case and that's why you are worried..

    If you go against the rules he can certainly take legal action against you unless he has committed some kind of fraud and is himself guilty..So its better you carry out all the formalities before terminating him..

    Good luck.. THanks

  10. #10
    Boss Array
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    Re: Can I terminate any employee without notice period?

    You cannot terminate or suspend associate worker with none notice amount.
    If you did, it will be thought-about a constructive discharge and therefore the worker ought to file for state.
    However, they are doing not have a right to assert Back Pay or severance absent a contract that entitles them to those edges.
    If associate leader suspends associate worker till additional notice and that they apply to state based mostly upon constructive discharge,
    then the worker would find yourself having to charm and therefore the leader would ought to prove the alleged misconduct and
    prove that the worker has not been terminated and is on a suspension with a certain time.

    If you would like to terminate the workers attributable to their consistent dangerous performance, then i'd prefer to allow you to grasp that you just cannot terminate them instantly. Either you've got to administer the time of notice amount to be within the company or if you are doing not need them to any extent further then you've got to pay them before for notice amount days.
    And rather than terminating them you'll be able to raise them to administer their resignation. you'll be able to tell them that either you resign else we are going to terminate you. As they need not profaned any rules of the corporate and you would like to terminate them thanks to their dangerous performance solely, then its higher you'll be able to raise them for resignation.

  11. #11
    bsr Array
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    Re: Can I terminate any employee without notice period?

    Hi friend,
    You cannot terminate without notice period because of his consistent bad performance. You have to give him written notice saying that because of your bad behavior you are going to be terminated within this period as per company norms.
    Then there is no problem from his side. If this is not happened then there is a chance for him to file a case of unexpected termination.

    Regards,
    BSR.

  12. #12
    manas.career Array
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    Re: Can I terminate any employee without notice period?

    Hello,
    Terminating an employee without notice period is illegal and offensive as well in future .Instant termination may be occurred at certain specific cases as per the company rules . But usually termination precedes more than 2 warnings .
    Rather if you wud find a solution by assigning diffrent task to the employee , it wud be better .

  13. #13
    mayankdevills Array
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    Re: Can I terminate any employee without notice period?

    You must give some notice before terminating any employee from your company

    If the employee did something wrong or bad performance then you must talk to him and tell him to leave the job as soon as possible.

    It is better to give a notice to keep your self on the safer side otherwise the employee could take some legal action against your company



  14. #14
    Dark Knight Array
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    Re: Can I terminate any employee without notice period?

    Hi ..

    Terminating the employee without a Notice period is illegal and Offensive . Instant Termination may be

    only done if Necessary and when it is mentioned in the Company rules regarding this .

    Usually The Termination of the Employee should be done after giving two Warnings and or Warning Letters.

    You cannot terminate them immediately ,You have to ask them to Resign Instead and Say that if not we will terminate you.

    So it will be better if you raise them for Resignation which will be Official .

    if you go against the rules , then the employee can have a chance to raise a compliant or case against you or Argue with you.

  15. #15
    G.one Array
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    Re: Can I terminate any employee without notice period?

    Before going for any termination of any employee, it's necessary that you must have given the proper notice stating his bad performance and seeking the explanation of employee regarding it within seven days. If he doesn't able to convince you then you can terminate that employee with immediate effect. Settle all his account contacting accounts department. The employee does not need to serve any notice period at all.

  16. #16
    sweetyilu Array
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    Re: Can I terminate any employee without notice period?

    hi friends...

    You cannot terminate the employees without notice period but you can terminate the employee when he break the rules like bad performence like so..

    thanking you

    regards


    venki

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