- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act, any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- If the information of your illness was already given to the company , then the company cannot terminate you on the valid reasons. 

- You can send a legal notice to the company for restoration of service , and if no positive response then sue for the same. 

Yes you can file a suit for illegal termination against them

Hello,

1. You can sue if the termination was indeed illegal. If the company has provided satisfactory explanations of the circumstances of the termination and is able to show legality of its action, you will have challenges to take it to law.
2. If you had already tendered your resignationon mental health issues they can use it against you to justify the termination and negate the effect of you being the top performer for the past 2 years. 
3. If you can prove in a court of law that the termination was arbitrary and illegal with adequate evidence you must challenge it and seek reinstatement and compensation.

What was the reason stated in the termination order for the decision of the company to terminate your services?

People often have this misconception that private employer can terminate an employee without assigning any reasons for the termination. However, it is against the employee termination policy in India. The reasons need to be stated and the employees should be given the due chance to explain themselves.

Termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of a worker for any reason other than inter alia by way of disciplinary action. Where a worker is retrenched, they are to be given at least 1 month's or 3 months' prior notice of termination.

An employer may be held responsible for wrongful termination.

Illegal or wrongful termination is when you get fired or thrown out of your job even for no fault of yours i.e. without any sufficient cause or reason - may be due to a personal conflict that you may have with your employer, or if your employer is downsizing, etc

An employee cannot be terminated without notice. An employee can only be terminated without notice or salary in lieu of notice in cases of misconduct. To terminate employment for misconduct it is essential to establish the misconduct through a disciplinary enquiry that is held for such purpose in accordance with the principles of natural justice.

In case the reasons are unjust, the employee has the right to conduct an inquiry against the unjust treatment. The employee can send a legal notice to the employer in case of such unjust termination. The employee can finally move the Labor Court, in case no relief is provided from the employer.

It is always suggested to consult an employment and labor lawyer in India to sue an employer for wrongful termination, understand your legal rights, have a strong case against the employer and make an informed decision about how to proceed with the case.

In your resignation letter you have mentioned that you were facing mental health issues and cannot work to optimum capacity 

2) since subsequently you refused to resign management is at liberty to terminate your services 

You cannot seek reinstatement 

company is at liberty to terminate your services 

No, you cannot sue your company as you had already submitted your resignation giving details of your mental illness. Company will make your resignation and contents of your resignation and your performance as basis. 

Dear Client,

No, you do not have the grounds to file a lawsuit against your company, as you have already tendered your resignation while disclosing your mental health condition. The company will use your resignation, its contents, and your performance as the foundation for processing your departure.