ASK HR: Don’t sue your employer, resolve this matter amicably
I would serve my notice in the store taking stock and arranging tiles. That was not my work! PHOTO| FILE| NATION MEDIA GROUP
What you need to know:
- I adamantly refused, and was ordered to leave the company’s premises at once. I feel that I was treated unfairly; I am thinking of suing the company especially because I was told that I would not be paid my dues.
- Most organisations sense betrayal when an employee voluntarily resigns, especially if they had invested in them in terms of training and on-the job coaching.
- I would not advise you to sue your employer since by so doing, you create a permanent record of disputes with the employer, and future employers will be unwilling to engage you since you would seem like a disgruntled employee.
Q. I was the accountant at a local tile company. I sent in a one-month resignation notice to HR stating that I would be leaving the company at the end of August this year, only to be informed that I would serve my notice in the store taking stock and arranging tiles. That was not my work!
I adamantly refused, and was ordered to leave the company’s premises at once. I feel that I was treated unfairly; I am thinking of suing the company especially because I was told that I would not be paid my dues. What should I do?
I assume you have a contract of employment, which has stipulated terms and conditions of your engagement with your employer. One of the conditions should cover notice, and I believe that it stipulates that you are required to serve one-month notice.
Most organisations sense betrayal when an employee voluntarily resigns, especially if they had invested in them in terms of training and on-the job coaching. In case you are joining competition, some employers could even sabotage the move since they fear you might share their trade secrets.
To prevent this, the employee might be asked to leave immediately before serving the notice, but must be paid in lieu. Whatever the case, the employee should be treated in a dignified manner. If indeed what you were asked to do was not part of your job description, then it was improper, especially since it seems like punishment for having resigned.
That said, you should not have refused to take instructions, rather, handled the matter differently, say by stating firmly, but politely, that it was not your job, to avoid creating a situation of disobedience or insubordination.
Knowing your organisation’s culture, you should have prepared yourself to handle any negative reaction from your employer to avoid “burning bridges”. Any negative reference may jeopardise new employment. I would not advise you to sue your employer since by so doing, you create a permanent record of disputes with the employer, and future employers will be unwilling to engage you since you would seem like a disgruntled employee.
Humble yourself and go back to your HR manager and apologise for any misunderstanding that may have resulted from your behaviour to find a way of resolving your exit on amicable terms.
