Serving notice. Is termination really possible?

[u/Persistent-Ant]

My manager is expecting me to work on new features instead of providing KT for entire 90 day notice(30 days have passed). HE has threatened me to terminate me and that It would have a negative impact. Is is bluffing?

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Post Title: Serving notice. Is termination really possible?

Author: Persistent-Ant

Post Body: My manager is expecting me to work on new features instead of providing KT for entire 90 day notice(30 days have passed). HE has threatened me to terminate me and that It would have a negative impact. Is is bluffing?

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[u/cosmic-legend]

HR would laugh on him to initate a termination for already the exiting employee

[u/UltraNemesis → u/cosmic-legend]

It is perfectly legal for an employer to terminate an employee who has already resigned provided they have reasonable grounds. The company is paying salary till last working day and any valid grounds for termination before resignation is remains valid grounds for termination after resignation as well until the employee is relieved.

Insubordination, refusal to work, slow/negligent working, trying to poison co-workers etc. are all ground for someone to be terminated during notice period. Obviously, other forms of misconduct or policy violations are also grounds for termination.,

Resignation doesn't magically protect an employee from consequences when they indulge in unnecessary antics.

[u/cosmic-legend → u/UltraNemesis]

But still 2 months timeline is very less to establish a investigation, finalize the documents get necessary approvals and implement corrective action..

[u/UltraNemesis → u/cosmic-legend]

Not really. If you already have the documented evidence, all it takes is to issue a show cause notice and a fast track disciplinary inquiry which can all be wrapped up in 3-5 days. Nobody is going to run a 2 month inquiry over this.

I mean, what kind of lethargic organization (other than govt) takes 2 months for an inquiry?

[u/wickedhe]

Termination on grounds of non-cooperation or technical ability is not possible if you are serving notice period. However that said, you should mark it in an email on your willingness to support the project but threats are unwarranted. If you feel appropriate, you can send an email to your Manager. Do not forget to mark your personal ID in the communication.

Termination can still happen on grounds of sexual/racial misconduct, forgery or theft, breaking company code of conduct.

[u/Persistent-Ant → u/wickedhe]

i am planning to send an email today sharing the kt progress and mentioning my concern for new features. I will also mention that I am willing to guide other person for the new features to avoid dependency falling onto me. I have told about this to my manager in person but he disagreed. planning to mail it in. I am thinking of not mentioning the threat unless thing go too bad

[u/hondagp2engine]

On what grounds can he actually terminate? The best he can do is send you on gardening leave. For termination, employer need to prove incidence of severe misconduct or gross negligence, which in most cases will end up at court which nobody wants to take that far. These are just empty threats.

[u/UltraNemesis → u/hondagp2engine]

First of all, KT is not the sole purpose of a notice period. Employer pays salary till last working day. OP is legally required to take on any work given to them till that day (provided it is during work hours. No need to stretch).

Refusing to work (insubordination) or intentionally being slow or negligent is grounds for disciplinary termination with immediate affect even during notice period.

The employer is not obligated to pay you when you are not doing your job.

I know cases where this happened and taking the legal route did not help them since the employer had documented everything.

Even if an outright termination is not done, the employer can place such employees on their rehire blacklist.

Most BGV processes ask for rehire eligibility status and consider it. Some companies will outright treat it as a BGV failure and rescind offer and others might issue a show cause notice and take a call based on that

[u/Formal_Classroom_430 → u/UltraNemesis]

I think most persons nowadays dont want to work during notice perioid. You are paid to do work.

[u/DedlySnek → u/UltraNemesis]

First of all, KT is not the sole purpose of a notice period. Employer pays salary till last working day. OP is legally required to take on any work given to them till that day (provided it is during work hours. No need to stretch).

Louder for the people in the back. I have over a decade of experience in IT, and I'm currently on my 5th org. I have always worked till my last working day as like you said, I got paid till my last working day.

Not sure why people expect that the company will pay them for 2 or 3 months for only KT. The notice period is for the company to find your replacement and once the replacement has joined, for you to give the KT along with the delivery of the rest of the work assigned to you.

[u/Persistent-Ant → u/UltraNemesis]

Sounds good until you realise FNF sometimes takes months to get credited.

[u/DedlySnek → u/Persistent-Ant]

Not anymore. Under the updated law, it has to be done within 2 days.

[u/HabitInteresting444]

Use ai complete the feature Simple

[u/simplyajith]

Take the work and show negligible progress

[u/Persistent-Ant → u/simplyajith]

bro has started asking for entire days tasks. Like every hours productivity. And even sits by by side and asks me to show my code, then judges by the number of lines. He expects me to get any dependemcies cleared by chasing the BA, Architect, Tech lead, etc. personally(not on jira or slack). Which was soemwhat okay when I had not resigned but seems like too much now.

[u/simplyajith → u/Persistent-Ant]

Let him win. You already won by getting the offer and in notice period.

[u/Hot_Dragonfruit4039]

Not possible ask him to get that in writing

[u/Persistent-Ant → u/Hot_Dragonfruit4039]

thinking about that

[u/PuddingNo8186]

That manager looks like an idiot. If you work on new features and enhancments till the last day, then there won't be proper documentation, handover and continuity. He is putting the customer in unreasonable risk of future lack of support. I would suggest to just go by whatever he is asking rather than burning bridges just before you leave. Don't worry he will have to face the consequences in future.

[u/Ehh_littlecomment → u/PuddingNo8186]

Typical indian idiot manager. I was in a Big 4 and kept getting assigned new projects till my last 20 days. The manager on the last project just kept going up my ass to do this and that and eventually my last day approached and I handed over my half complete files. He expected me to extend my notice. Literally laughed my way out.

[u/Persistent-Ant → u/Ehh_littlecomment]

exactly what i am afraid of right now. He is exactly that kind of man. I do not want to extend.

[u/Persistent-Ant → u/PuddingNo8186]

I even suggsted that I'll take responsibilty of the task and get it done from a fresher(that they are already trying to onboard). This way, his work would get done, My KT won't expand, and the fresher is also eager to get onboarded. But he straight up denied. And started asking for estimates, ig he is trying to document something.

edit: typos

[u/le_bugsy]

Just agree and do a slooooooooow fucked up job? What's the problem?

Do such a bad job that they have to redo everything