• Unfair termination

My Employer unfairly terminated my Employment citing performance reasons. I was never given any warnings and was never on any PIP of any kind. This was done to save money for themselves and with bad intention of causing problems with my future employment.
 I was working for them as Digital Marketing Specialist, all of sudden they terminated employment and blocked all my official emails id's which had work delivery details and other communication emails but still I have the copies of all marketing work, I have done for them during the time until termination.
https://imgur.com/a/zosCH

Some question, you may have are answered below:

1 I was not on any performance improvement plan or no warnings issued prior to termination. It was sudden decision they took, which I believe was unfair as I was not given any chance to improve and this termination citing performance will make it harder for me to get another job.

2 They phone call me and forcefully asked to resign and I said I need 3 months notice they said not possible and after 2 days sent me termination letter citing performance reasons and blocked all my official emails. Till this date they never complained about my work.

3 Previously they were based in HYD now only in Chennai and they asked me to work from home after they shut down hyd office in Aug 2017, until they terminated this.

4 I have completed 11 months with organization so far, till termination.

5 No contracts in place, all I have is Appointment letter and work from home agreement which do not discuss about Termination process. However, I have one letter with salary details which discusses about 3 months mutual notice for termination but that is not signed by anyone but given by them at the time of employment.

6 Till date after 50+ days of termination, they paid me some settlement money without any breakdown etc.

7 No Contract in Place but as per Appointment letter it says 3 months mutual notice period.

Ask: Is this classed unfair termination and am I okay with asking 3 months salary.
Termination letter available here: https://imgur.com/a/zosCH
Asked 4 years ago in Labour

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15 Answers

1)issue company legal notice to pay you 3 months salary as they terminated your services

2) if company refuses to pay file suit to recover your 3 months salary

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The termination in your case is unfair and cannot be accepted you need to be compensated for termination and your termination letter need to be reissued by them.

Give them a legal notice for stating wrong reason of termination and reinstating your job or giving salary for 3 months as to notice period.

If company doesnot reply make representation before labour commissioner if matter is not resolved before labour comisiomer matter will be out before labour court. Donot worry you are entitled to compensation.

Further as per termination and notice period terms in your employment agreement or appointment letter you are entitled for complete claim.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If you have signed appointment letter at that time of joining and both the parties had signed in it, so whatever is telling regarding termination clause its true and you must get it 3 months salary.

2) If they had not signed any letter of joining than you won't be applicable for 3 months lieu salary.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

In india, the MNC's are able to operate freely only because of liberal hire and fire norms, and the government is supportive to such policies. Aggravating the issue by filing a case will jeopardize your career. Reconcile that it is a practice in vogue and keep moving.

As told by a stalwart, trust your skills and not the company.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

They cannot fire you like this without any specific reason .

I would like to suggest you to contact your local lawyer and send a legal notice .

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can send them a legal notice for illegal termination. You can file a suit in labour court or civil court as per your designation. Unlawful termination in labour court.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Please sir file a suit for recovery of money to recover dues from company for remaining three months of notice period the letter will be sufficient to raise your claim.

Secondly also file a industrial dispute before concerned labour court seeking for damages for harm done to your career because of attitude of management. Send them legal notice through a lawyer.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear,

This is a classed unfair termination.The employer has to follow the due process of law. You should go to Labour court for relief. For workers and employees the law is strict and they can go to labour Court .

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

If it contains the letterhead then it would carry evidential value .

Yes in hyderabad.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) appointment letter with attachment is binding upon company although attachment is not signed by anyone

2) if you were employed in Hyderabad case can be filed in Hyderabad

3) company can terminate employee if performance is not up to mark

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

For every termination before terminating employee the industry procedure is to conduct exit interview and to appraise the employee why he is terminated.

If there is three months notice period employer cannot terminate employee suddenly violating principles of natural justice.

The document you have is sufficient to.File a suit.for recovery of money and also to raise industrial dispute.

If the company was present before in Hyderabad and later shifted to chennai you can file case in Hyderabad itself.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. You can file a writ petition before high court seeking to reinstate your services , by setting aside the termination orders for the reasons you rely upon.

2. The appointment letter containing the clauses for employment and termination issued by the company shall be a proper evidence to sup[port your claim.

3. You can demand three months notice period salary if ther was a clause in the appointment letter in this regard.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. The company has to follow the labor law of the land hence they cannot terminate any employee at their whims.

You can challenge their action through court of law.

2. Th appointment letter is a substantial evidence to proceed against them

3. The labor court may not have any jurisdiction on this hence better you may approach high court of Telangana in Hyderabad with a writ petition seeking reinstatement

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. The process for termination that is notice period has to be followed even if it is performance based the notice to same effect has to be given to.employee stating reason not mere performance.

2. Yes it will be accepted HR is authority on behalf of company and paper shall he treated as an acctachment and supplementary condition with appointment letter. Also under law no termination of employee without notice.

3. Cause of action hyderabad then hyderabad you can file.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The letter of contract between the employer and employee has to be perused to answer the question.

2. Yes, to establish your relationship with the company.

3. Your base location shall determine the cause of action.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

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