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Dear All,
Can I ask my previous employer (who has dismissed me based on not reporting back on sabbatical) to reverse my dismissal based on the below reasons
1. Requesting to condone/forgive my act as a lapse in procedural compliance and pary for treating it as a case of resignation, having regard to my long career ahead. (Given my Sai Sir)
2. whether the employee disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience.
Can anyone give some more legal reasons ?
From India, Delhi
Can I ask my previous employer (who has dismissed me based on not reporting back on sabbatical) to reverse my dismissal based on the below reasons
1. Requesting to condone/forgive my act as a lapse in procedural compliance and pary for treating it as a case of resignation, having regard to my long career ahead. (Given my Sai Sir)
2. whether the employee disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience.
Can anyone give some more legal reasons ?
From India, Delhi
Why will a company as you to resign due to your termination at previous job 3 years ago before you got 2 additional degrees. Did u hide some information when u joined this job ?
From India, Mumbai
From India, Mumbai
The HR told me that "Bank’s policy states that employee with history of dismissal cannot be recruited". I am not hiding any facts.
From India, Delhi
From India, Delhi
manage for a written proof from XXX, stating the HR of XXX the actual cause that ur current employer have told you to resign and its hampering ur career.. .just go and have face-face and polite talk with the HR and anyhow get a written proof from them..its now on how u convince them..if ur relations were good in XXX as a employee ..defiantly they will provide you the proof on the ground of termination, and not dismissal
From India, Solapur
From India, Solapur
Thank you Apurwa..
I doing the same and XXX is contemplating to do something. Can you tell me some legal terms by which a dismissal can be reversed or the status can be changed? So that It does not affect my career.
From India, Delhi
I doing the same and XXX is contemplating to do something. Can you tell me some legal terms by which a dismissal can be reversed or the status can be changed? So that It does not affect my career.
From India, Delhi
I think that joining one institute and then jumping on to another without informing your employer was an immature thing to do
The next best thing to do will be to use all the knowledge and skills you got at IIM to either convince XXX or Your Bank
If you cant do either of these then, my friend find another job without hiding any facts
From India, Chennai
The next best thing to do will be to use all the knowledge and skills you got at IIM to either convince XXX or Your Bank
If you cant do either of these then, my friend find another job without hiding any facts
From India, Chennai
write an email to them apologizing for the things and have a face- face interaction stating "not to term as dismissal" ...rest legal things to comply with ..frankly speaking i dnt know that much details abt it
From India, Solapur
From India, Solapur
After going through your complete case and all the responses, very first thing I would like to say that you must not take any action in bewilderment or rush or without considering the situation and also must not be careless with the things in life that you did here.
Well now can you please share your Appointment Letter provided by your present employer?
See it doesn’t matter what company policy they have or not, the terms defined under an appointment letter can definitely help you. Your appointment letter with present employer is really important because both the Employers are talking about “Company Policies”, therefore, I would like to know what terms of employment used in it in this regard. Also i would like to know if it is any clause in appointment letters that treat it a violation of company rule and you can be terminate if found with this kind of situation or previous dismissal, if yes, could be a problem for you. Although, I accept that company policies are above to all but they cannot so easily deny or overrule the terms defined in your employment letter (Present Employer)
In addition, I request you to clarify the following points
-You got admission with Barathidasan Institute of Management in 2009 and took leave for your studies, so it means you were working with XXX at that time and allowed to continue your study and join them back until 20 July 2011?
-you granted "Leave Without Pay" on a mutual request/understanding or had any written permission from XXX?
-Plesae share if you have documentation in this regard and also your offer/appointment letter with XXX
-You informed them that you were not able to join them back, it is accepted,but have you ever resigned?
(I guess you never resigned because you were busy in study and lately realized when you found dismissal letter and started looking for solution)
-And, if you resigned, do you have any correspondence with them in this regard?
-You said that XXX decline your request to grant you more "Leave Without Pay", do you have any correspondences in this regard, if yes please share.
And
-When you joined your present employer?
-When, what, how and why you disclose your previous dismissal to them?
-What exactly your present HR people are saying, and the current development in this case.
-If you still have not resigned from your current position, I suggest you to please do not do so and let them take the action whatever they want
Your Mistakes:
-Your biggest mistake that you were unprofessional and too honest.
(Yes, still there is a value of Honesty, Sincerity in our Society but one must not forget that our society where we are living is a developing world where the things, culture, perception, ideology and everything are undergoing many changes. One needs to be more professional and wise with every action in this regard)
-Second, you allowed both the employer to talk to each other, was your another big mistake that you were not supposed to do.
Please furnish the details. Also i request you to please compile all these details and your case as in a "Case Study" with a word format that will certainly help you and other with many things in future.
From India, Gurgaon
Well now can you please share your Appointment Letter provided by your present employer?
See it doesn’t matter what company policy they have or not, the terms defined under an appointment letter can definitely help you. Your appointment letter with present employer is really important because both the Employers are talking about “Company Policies”, therefore, I would like to know what terms of employment used in it in this regard. Also i would like to know if it is any clause in appointment letters that treat it a violation of company rule and you can be terminate if found with this kind of situation or previous dismissal, if yes, could be a problem for you. Although, I accept that company policies are above to all but they cannot so easily deny or overrule the terms defined in your employment letter (Present Employer)
In addition, I request you to clarify the following points
-You got admission with Barathidasan Institute of Management in 2009 and took leave for your studies, so it means you were working with XXX at that time and allowed to continue your study and join them back until 20 July 2011?
-you granted "Leave Without Pay" on a mutual request/understanding or had any written permission from XXX?
-Plesae share if you have documentation in this regard and also your offer/appointment letter with XXX
-You informed them that you were not able to join them back, it is accepted,but have you ever resigned?
(I guess you never resigned because you were busy in study and lately realized when you found dismissal letter and started looking for solution)
-And, if you resigned, do you have any correspondence with them in this regard?
-You said that XXX decline your request to grant you more "Leave Without Pay", do you have any correspondences in this regard, if yes please share.
And
-When you joined your present employer?
-When, what, how and why you disclose your previous dismissal to them?
-What exactly your present HR people are saying, and the current development in this case.
-If you still have not resigned from your current position, I suggest you to please do not do so and let them take the action whatever they want
Your Mistakes:
-Your biggest mistake that you were unprofessional and too honest.
(Yes, still there is a value of Honesty, Sincerity in our Society but one must not forget that our society where we are living is a developing world where the things, culture, perception, ideology and everything are undergoing many changes. One needs to be more professional and wise with every action in this regard)
-Second, you allowed both the employer to talk to each other, was your another big mistake that you were not supposed to do.
Please furnish the details. Also i request you to please compile all these details and your case as in a "Case Study" with a word format that will certainly help you and other with many things in future.
From India, Gurgaon
Thank you for your response.
Your were right in what have you mentioned. I accept my mistake but what I need to know is whether a dismissal can be reversed? on what grounds?
I have no issues sharing few more documents. But can I do that in Private. Please share your mail id and a small brief about who you are and what you do?
Sorry I am asking this but it is an open forum. Please understand.
From India, Delhi
Your were right in what have you mentioned. I accept my mistake but what I need to know is whether a dismissal can be reversed? on what grounds?
I have no issues sharing few more documents. But can I do that in Private. Please share your mail id and a small brief about who you are and what you do?
Sorry I am asking this but it is an open forum. Please understand.
From India, Delhi
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