Hi, I work in an extremely reputed organisation. My employment has been terminated on grounds of disciplinary actions - I was seen carrying a wallet with which belonged to another colleague. Quick facts I enter the washroom, find a wallet, pick it up, check only the first compartment which is empty and then walk away with it thinking that I'll drop it at the lost and found, later. I immediately rush to the canteen and from there to my workstation, the wallet still in my possession. Thereafter, I keep it in my bag without returning for almost 5 days - thanks to my absent minded behaviour and forgetfulness. Eventually, I'm summoned by the HR on the 4th day to meet them the next day and I couldn't. I enquiried if the matter is pressing but with no response. Then, I meet the HR on the 6th... At first they beat around the bush and then coming straight to the point ask about the wallet. Without batting an eye lid, I say that I have it in my possession and seek apology for my careless behaviour. But the HR had already made their decision and informed that I had to immediately leave for the day. I tried explain them but they wouldn't heed to my plea. They made me wait in the HR room while they got my belongings from my desk, inspite me pleading that I'd get it to avoid embarrassment in front of team members. All the pleas fell to deaf years, again. The treatment meted out in that room was no less than inhuman. They took away my phone as if I were a terrorist, who'd conspire to kill them with the availability of the phone. I was not even let to order food (it was 3:00 pm). They offered me to eat sandwiches in the canteen. Upon telling that I was lactose intolerant and would instead order food from my or one their phones, they just walked off asking me to wait for a minute. Even going out for water was denied. I request you to please help me out in this situation because 1. I'm accuses of something I'd not done. 2. The treatment meted was inhuman and uncalled for 3. In my 3.5+ years of experience, I've never had a bad remark be it either for my work or my character or any other thing.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) you found wallet and did not return the same for 5 days
2) as and when confronted you have admitted that you have wallet belonging to some other person in your possession
3) under the circumstances employer is justified in terminating your service
4) court would not pass orders for reinstatement of your services
1. When you find something that you know does not belong to you, you are under a duty to either return it to the person to whom it actually belongs if it can be ascertained, or deliver it to the authorities at the first available opportunity. You cannot retain the possession of it for a second more than from the moment when you are in a position to return/deliver it. In your case you retained it with you for 5 days, which is beyond explanation. So the company was right in terminating your employment. You should be happy that company has only terminated you, not registered a FIR.
2. Going to court will be an exercise in futility as you will not get any relief.
You've suffered two wrongs. First, illegal termination on the count that the same was unilateral and second, defamation. The inhumane treatment meted out to you harmed your reputation in the eyes of the audience. Seek damages for the defamation and as regards to the termination, you may challenge the same.
Sir,
HR people behaved like, investigating police officers. It is clear criminal act of impersonation.
There are multiple action you initiate against HR.
1. File criminal complaint against those officials, who treated as criminal.
2. You can issue legal notice for the grounds that you got terminated from your job.
... etc
Thanks,
Adv.Niranjan,
Mobile - .
Please clarify your query
The problem with you is not lifting the wallet but your admission for having lifted it and admitting that it is in your possession.
Your absent mindedness has no excuse in law,.
Under the given situation you have only one option that is to request them to permit you to tender your resignation and not to terminate your services.
You can make a representation to the management requesting to withdraw their termination order and then allow you to resign, you may also express your apology for your mistake cause due to oversight.
The company has to follow the rules to terminate you especially they have to conduct inquiry on the said grounds before terminating your service, hence you may even file a writ petition seeking to stay the order and to reinstate you.
