• Wrongful termination

Hi
I need to ask on the wrongful termination.
I was working with a company as Department Manager, there was a audit going at store in night. Where me and my fellow collegue who is also a department manager saw a donation box which was kept at cash counter in broken condition, by seeing this so no one else pick money from there, we took money from there and placed at other place with sealing it.

About this incidence all the 5-6 employees who were standing there we informed. We took around rs.800.

All of these were already been shared to all staff who were present there.
But all of sudden they called us in office and terminated me and kept all my salary on hold.
Whereas the other person who was there they have not done anything to him.

Now the situation is I was in my notice period and have only 1 week left. So just as to target me they have terminated me and have hold on my salary. When I have told that they may even check with all the staff who were there in night all are knowledgeable, but they refused to ask them and have terminated me.

I would like to ask can I file any case against them in such condition, and would like to know the cost which need to be bear on this entire process.
As I have all evidence and proofs which can prove that i wasn't guilty.

Kindly guide on this hiw to go for this . And the total cost gonna take for this process in court.
Asked 7 years ago in Labour

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11 Answers

If they terminate you on that reason you can file case against them for wrongful termination and damages.

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

Nothing to bother. Protest. You will WIN. But if is IT company and labour laws not then only it is difficult.

Kishan Dutt Kalaskar
Advocate, Bangalore
6236 Answers
499 Consultations

1) You do not fall within definition of workmen

2) You were working as department manager for the organisation

3) litigation is long drawn and expensive proposition

4) legal fees vary depending upon Lawyer engaged by you

5) the terms of your employment are governed by your appointment letter

6) contact s local Lawyer

Ajay Sethi
Advocate, Mumbai
99931 Answers
8158 Consultations

Legal fees vary depending upon the Lawyer engaged by you

Disposal of case depends upon pendency of cases in trualcourt

Ajay Sethi
Advocate, Mumbai
99931 Answers
8158 Consultations

1) This may cost you minimum 25000 to 35000.

2) This process may take minimum 6 months, secondly it depends upon how many cases are pending previous to your case number.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have taken that money and you say that you are not guilty?

What were the reasons that were notified in your termination letter?

If you feel that your termination is not in order and illegal , you may file a writ petition before high court for reinstatement.

The lawyer's fee and the court fee may be enquired from the lawyer you may propose to engage.

T Kalaiselvan
Advocate, Vellore
90132 Answers
2504 Consultations

Please tell

1) money would cost me during entire process?

2) Days to sort it out all for entire process aproximately?

The lawyer you may propose to engage would be able to let you know all these details since it would differ from one lawyer to another.

T Kalaiselvan
Advocate, Vellore
90132 Answers
2504 Consultations

Hello,

A lawyer will charge you around 20 thousand for filing a case.

Also if they enter into compromise after receiving the notice then the same will be resolved within a month, otherwise the same might take 2-3 years

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send them a legal notice before starting the legal process

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The court fees is negligible but lawyer fee may vary from person to person. Can't be estimated.

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

Dear Sir,

If you file Writ Petition it may cost between Rs. 50,000 to 2,00,000/- depending upon the Advocate you select. If you select high profile advocate there are more chances of winning.

Kishan Dutt Kalaskar
Advocate, Bangalore
6236 Answers
499 Consultations

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