• Wrongful termination

Hello,

I was hired by a division of HCL and was working from their manesar office since 4th Sep 2014. Gradually my reporting managers behavior changed towards me when i pressed her to take decisions and get resources which were required for me to work effectively.  One fine day when i had taken a day off as my wife was leaving the country for 2 months, i receive an sms from her in the evening that i need to meet HR in the Noida office the next day. When i asked what for ? She said she will call and explain. Next morning while driving to Noida i was told she had taken a meeting with my team and basis that she has decided that its better if i put my papers down and not even come to Manesar office again as it would be embarrassing for me. Understading that if i litigate this i am against a female and its not worth the trouble i resigned after giving my feedback to HR. Expecting to be employed again soon i was surprised to see no oppertunity getting finalized, i had a consultant friend of mine call her for a referance check and the feedback was nothing short of vindictive. Its been 7 months now and i am still unemployed and this has spoiled my career and live in a big way. What course of action can i take?
Asked 1 year ago in Labour from Gurgaon, Haryana
You have resigned from the service voluntarily without invoking the grievances against your reporting manager. It appears that the Senior Management was not even brought into confidence before submitting your resignation. You just completed the process of parting away from the company by merely submitting feed back along with your resignation. You have not mentioned the response of HR on the letter of your submission and feedback. It is difficult to comment further in the absence of the said information.

In no way this can be termed as wrongful termination as you did not raise your grievances against the reporting manager at any forum while you were in service. You may write to your ex-employer regarding the vindicated attitude undertaken against you by the company while responding to reference check.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Hi
 The company is to be held for the irresponsible  action of the HR. You should not have resigned on her threat. 
You should send a legal notice to the company  for deliberately causing damage to your career . mention about the threat what the HR gave you an in way it was a blackmailing cum   intimidation not to take any action.  The whole act of forceful resignation is something unwarranted and company has to pay for it. calculate the loss of your earning and ask compensation.
You can also file a police complaint for threat, criminal intimidation and now damaging your career .Her ""woman"" card will not work.
Company representative cannot give an opinion of her personal choice to satisfy her grudge.
You should have taken action and should have asked for compensation  when she asked you to quit.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) It was unwise to have resigned without meeting the HR in person as that would not only provided you with an op opportunity to defend your position but also put the company in a spot with severance procedures. Your resignation has made things easier for the company.

2) You can however send a legal notice to the company as the manager has no business to pursue you once you have severed your tires with it. Warn the company that you would be compelled to initiate legal action against the company as such and the manager in person who is an employee of the company.

3) Send a copy of the legal notice to the Manager herself. If the legal notice fails to resolve the matter you can also file a police complaint against the erring manager along with a copy of the legal notice.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
When your resignation has already been accepted and you have been relieved from service, the company can not impose any allegations against you at this point of time as you are no more in service. Had there been any allegations against you, the company would have taken cognizance for the same before relieving you from service. 
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
1. The act of the reporting Manager of your earlier Company is not only unethical but non-professional also,

2. But the problem is that her act can not be called as illegal to try her under any Act,

3. She is within her rights to express her views on your work and performamce when you were with her Company, that too when she is asked for giving her comments,

4. She can call it her professional duty to tell tha fact which she things and finds as fact,

5. Legally she can not be implicated at all,

6. It will be prudent on your part to meet her and settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Never make the mistake of taking her to Court for giving her adverse report berbally to your prospective employers regarding you,

2. Meet her and request her politely for better report next time.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0