• Terminated from job without any termination letter

Hi,

I got terminated from my job yestarday, they haven't provided me any termination letter yet. My request of meeting them is also not taken into consideration. They are saying that it will take time. What can I do? I was terminated without giving any notice for reason which I think is misconduct, but I am not sure. Also can employer terminate me on such short notice for misconduct without even providing me any letter.

Thanks,
Rohan
Asked 4 years ago in Labour

3 answers received in 30 minutes.

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16 Answers

Hello,

The same can not be done without giving you an opportunity of hearing.

On what post were you working?

What was the termination clause in your employment agreement?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

what is your designation in company ?

what are terms of your appointment letter?

if you fall under category of workmen you can file complaint against company for wrongful termination and seek reinstatement

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Hi,

Before replying to your query, I want to know few details regarding your job;

1. was it a private organisation or Government?

2. what position you were holding in your organisation?

3. was there any clause in your appointment letter/contract that you'll be given certain notice period in the case of termination?

Kindly correspond with them through email or send them letter through registered AD. Before suggesting a legal recourse, I'd like to know the above mentioned details. Read carefully your appointment letter and get back with details. Regards.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

If there is a provision for notice period in your termination clause, you could not have been terminated at such a short notice.

Moreover, this termination seems to be dehors the employment agreement, besides the fact the same is unilateral and arbitrary.

Send a legal notice to your employer to:

a. compensate you in lieu of not giving your notice of termination.

b. seek damages(monetary) in lieu this illegal and arbitrary termination.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

Illegal activities can be questioned before the Court. Get issue a legal notice and file case against your employer otherwise there will be not evidence. He will create anti dated documents. It is not know since how many years you are working and your status whether temporary or permanent. Please contact me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

They should give you a memo for misconduct. Without memo or notice they can't terminate you. Send a legal notice to them. You can file a case in labour court for illegal termination & unfair labour practice and seek relief.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

The private organisation do this and stop the entry of employees and press them to resign and avoided dispute.

Just wait for few days and better if asked to resign, resign and get the releasing letter and work certificate etc that will be needed in your next job.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello sir , you can file complaint against the company for compensation and re-enstanment in the labour forum

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) employer can not terminate employee services verbally

2) written intimation has to be given to employee

3) reasons should be mentioned in termination letter

4) full and final settlement should be done within reasonable period

5) if you have given your I’d card you cnnaocannot go to office as you would not be permitted entry in office

6) you are entitled to fualland final settlement of your dues if terminated

7) you do not fall within category workmen and would not be entitled to reinstatement

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

There are certain provisions for terminating an employee by the company in short hairs to be issued warning letter for his conduct and performance before receiving a termination order as in your case there is no termination order issued by the company it is deemed that the company is not looking the way termination is being done instead they are looking for amicable solution to terminate you through the resignation you may not be working for the notice period at the same time you're not be claiming for that salary of notice period this kind of situation arise as I suggested earlier you should be agree so that you can get your relieving letter and experience letter we will be required for your new assignment in any other company if any company is not looking to keep you with them any dispute arising out of this will definitely disturb.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Please note if there is lapse from your side they can terminate you immediately but are bound to pay you advance salary of notice period of which you were supposed to serve. Send them legal notice for recovery of your dues. Further termination has to be done giving reasoned decision. File a suit for recovery of money also approach labour court if needed.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

-Yes, otherwise the termination would be taken as arbitrary and illegal.

-yes, this is very much possible

-No! Termination on account of misconduct or no misconduct, the FnF has to be done forthwith.

- Yes, you may go to your office to find out the exact ground position.,

- go the court challenging your termination

- yes.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

To terminate a permanent or confirmed employee, the company has to follow due process of law, if not the company may be dragged to the labor forum and labor court for reliefs and remedies.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The reason for termination has to be informed to the employee including if it was due to misconduct.

The reason for termination to be mentioned in the termination letter.

In the termination letter itself they would have mentioned about F&F, if not then you will an intimation separately.

Since you have not been issued with the termination letter, it wold be treated as absconding if you dont attend the office. So you can very well attend the office, let them stop you with the written reasons.

You can take up the matter either with the labor commissioner or by a writ before high court.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

All your questions cannot be answered on this platform since our valuable time is to be equal distributed among other litigants also. Please brief in your questions. Sorry for inconvenience.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Do you have your job confirmation letter issued from HR, and also your appoint letters and appraisal letter see what are the condition mentioned for termination.

Accordingly you can send notice to them asking explanation and if the reply is unsatisfactory you can file suit against them

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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