I have recently been terminated from my Job from a multinational organization (as senior manager) for reasons related to conduct, incapacity and operational requirements. However, I believe that this has been an unilateral and unfair decision by my manager particularly after my recent performance appraisal (for year 2016) has been closed and approved satisfactorily by my manager a couple of days before I was served the termination notice. I hence seek legal opinion on what my options are in this case. Appreciate help here. Thanks,
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You cannot claim reinstatement as you do not fall within definition of workmen
2) you were working as senior manager and hence cannot claim to be a workmen
3) in case company terminates your service you are entitled to notice pay as terms of your appointment letter
Thanks. So, do I have any legal options to challenge the injustice caused to me? Please advice. Regards, Aditya
You cannot claim reinstatement
2) if you are not paid your dues you can issue legal notice to company to recover your dues
3) filing winding up petition or summary suit to recover your dues
If you feel that this termination was done without following the laid down rules or procedures as per law, then you may issue a legal notice seeking reinstatement and also huge amount as compensation for causing you mental tension and depression.
You may first verify the conditions of employment in the employment offer letter and confirm that what all conditions have been violated.
You can make a representation before the top management venting out your grievances and also seek relief and remedy for this.
If your dont get a proper reply or response then you may serve a lawyer's notice demanding your relief.
After this you may plan to initiate legal process by first filing a writ petition before high court for stay and also for reinstatement..
So, do I have any legal options to challenge the injustice caused to me? Please advice.
Yes, you have all the legal avenues open and you can knock the doors of court seeking justice.
You may consult an advocate in local who deals with service law and proceed as per his advice on all such further issues.