I'm working in sales for a media company. I joined the firm by mar 2019. The media is totally down, and my boss was aware of the market. Today I got a mail by 7 pm that I got terminated, as I'm in probation and due to my performance, I got terminated with immediate effect. When I called my boss he wasn't aware of this, he was not even looped in the mail. He said he'll try... I need to know my legal options... What should be my next step? Should I reply to the mail? I never got any notice.. My boss used to say that my job is at stack and he's putting it on hold and gave August 30 as my last date, verbally. Our salary get credited every 7th of the month... So without salary i have no choice because of emis that's currently running... Please help...
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1. Without giving an opportunity to you to improve your performance, the employer can't terminate your employment at once.
2. Send a legal notice to the employer, to reinstate you with immediate effect.
3. Complain against the employer to the jurisdictional Labour Officer and request the authority to intervene in the matter and resolve the issue in your favour.
As you're on probation period so kindly check terms and conditions of employment agreement.
Only the person can help you is your immediate reporting boss.
your services can be terminated during probation period as per terms of your appointment letter
2) you would be entitled to salary for the notice period
We suggest that you should send a legal notice to the employer thereby specifying said facts and further state that the termination was illegal and hence you should be compensated for the same.
In case they fail to reply, then you can file a suit thereby demanding compensation
You can send them a reply through advocate and seek your rights for wrongful termination
See in probation as per your agreement you can be terminated though company issued no notice of non performance before it can be contested though no use it will take time and chances to succeed in court are less so better find another job to meet ends.
Dear
You should search for a new job if there is clause of termination with immediate effect during probation then legally you cannot oppose the termination.
Please check the appointment letter you received from the organisation in case there is a clause that you can be terminated during the probation period without any notice are by assigning any reason then it is a possibility this kind of termination is applicable in your case as well where you can give one day notice and resign from the organisation in case it is illegal and in conservation to your appointment letter then you can claim for the damages done by the company and for that purpose you have to file a regular Suit against the company it will be good for you to find out and the job instead of running behind this company which is not working fine
Your 's is a case of illegal termination so challenge it before the Labour Court immediately.
At least request boss to extand till 30th. Rest termination depends on appointment terms. Your case will deal acc. To termination in probation period whether immediate or by serving notice period or shall be paid lieu of notice period for immediate termination.
If you are aggrieved over the decision of terminating your service for non performance, you may challenge the same through a legal notice issued through a lawyer and demand reinstatement after which you may approach high court with a writ petition seeking the said relief and remedy for this.
Probation is not a guarantee taht you have bagged the job. They can always tell you to go. Therefore you cannot tell them to keep you although you can take them to a labour court so that they may give youblast month's salary.
Regards
There was no notice period.. They haven't discussed with my reporting boss... I don't want to work with them anymore! But 1) it's never because of me, the company itself had a bad reputation 2) whatever business had happened or to be billed for couple of months from now are bcoz of the effort I put in... My boss can vouch for this! I have a family to run. I have on-going emis and debts... They took a blind call here and I want them to realise that and shouldn't do the same again to anyone... What if, an employee in probation, want to quit the company? Will the company leave them without any notice period? See, I am pissed off with them. Termination isn't the right way to go about that looks bad in my resume... Please guide with some sense so i can understand better... Can we sue them for wrongful termination?
Read your offer letter/appointment letter carefully and what is written has to be followed.
you can request management to with draw termination letter and to accept your resignation
2) if an employee during probation wants to quit the company he has to serve one month notice period as per terms of appointment letter
3) necessary to peruse your appointment letter to advice further
See you can contest wrongful termination but the outcome is not certain and it can take time also, it is probation and as per agreement they do not have to give notice in probation.
Company cant do anything, you can leave by immediate resignation.
If you are aggrieved by their act of terminating your service for the reasons as stated therein then you may plan to sue them or initiate proper legal steps as per law in this regard.
You can file a writ petition before high court seeking relief and remedy in this connection.
It's a clear case of wrongful termination you can challenge it before labour court or office of deputy labour commissioner by filing complaint.