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Non Confirmation of employment and termination

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asked on May 17, 2016 at 19:49
by   hedyzain
edited on May 17, 2016 at 21:03
by   hedyzain
I have been working in my current company for 10 months. my relationship with my supervisor, who's the head of the company is not very good. last two weeks I was forced to sign a performance appraisal form by him which I did not agree with the rating. He rated me so low so that if i sign, I will be automatically not confirmed and he can terminate me. initially when asked to change my rating, i did not change according to his rating, but when presented, he was mad at me and instructed me to change to his rating and sign the form. I had to follow his instruction and signed the form.
Right after i signed the form, he straightaway gave me non performance letter. in that letter, he listed the things that I did not perform which to me were all very petty things n did not reflect my real responsibilities in the department. I am a Sr Exec for HR. functionally i am like the head of the department. Anyway, in that letter he handed me, it did mentioned that because of my non performance, he had no choice but to release me from my employment.
what should I do? I am still going to work like normal and do my work. but things like going into meeting, other colleague took it. Now i have been on leave (Emergency leave) for two days coz I really don't have the motivation anymore and I have been actively looking for other jobs.
Please advice me on what to do. for additional info, I am not the first to be treated like this by him. they were two similar cases last year and both cases now are at the Industrial court. historically, there were few more similar cases from his previous companies. And this is the first time that this thing happened to me.
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2 Answers

answered on May 18, 2016 at 04:46
by   jeff005
Now i have been on leave (Emergency leave) for two days 
You are in HR and should know the rules.
Two days is enough. Do not stretch your luck.
Just go back to work as normal.
Whether to bring the company to Industrial Court is later issue.
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answered on May 25, 2016 at 04:37
by   arun1011
I am not so sure when you said that "Anyway, in that letter he handed me, it did mentioned that because of my non performance, he had no choice but to release me from my employment"

Are you saying that you have been already terminated? If you have, then you can file a complaint at the Industrial Relations Department within 60 days. 

If you have not been terminated, and you find it unbearable to continue to work, you can consider walking out on constructive dismissal based on breach of trust and confidence but you have to make sure you put the company on notice on any alleged breaches, ex, like doing your performance unfairly, etc.
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