• Termination of Employment

My manager and skip manager targeted me and have been
Mentally harassing me. So I raised a complain to our internal team but the case was closed saying necessary action was taken and rated me underperformer. I did not accept the rating even after several discussions because my direct line manager never conducted monthly review 1-1 and I did not accept the same so the firm terminated me with effective date of 29th November and if I had to be on the roles till 31st December I would have got the bonus as well. Now that I am terminated what can I do can I appeal as unlawful or illegal termination as the termination letter says I was terminated for wilful obstinacy and misconduct whereas I have not done anything of that sort I challenged my rating as I felt it was unfair because of which I was terminated and now I won’t be eligible for bonus also

Wanted help to seek genuine advice on this matter please
Asked 2 years ago in Labour

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6 Answers

1.  If you were not a management employee, then you can approach theed labour court challenging your termination.

2.  If there were to be any misconduct, the management should have served with you Notice for your misconduct and after the inquiry only, thesioner management should have taken appropriate action.

3.  Send a legal notice to the management to show cause as to why you were terminated without any proof of your under performance, misconduct, etc.

4.   Complain against your termination to the jurisdictional Labour Commissioner requesting his intervention in the matter to your advantage.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

You can approach either the labor court with an application to set aside the termination order and to reinstate you since the management has act of terminating your service is illegal, against the law of the land and natural justice because you were not given a hearing before taking this drastic decision against you, provided your designation comes under labor law or you can  approach high court with a writ petition with the same pleadings 

Before taking a legal route, you may first send a representation in  writing to the top management venting out your grievances and for reinstatement, if there is no relief from the top management, then you can issue a legal notice to the employer through your lawyer which will give  an opportunity for the management to consider your case. 

If this also do not fetch the desired relief, you may resort to legal action through court as suggested above. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

File complaint against un lawful termination before the labour commissioner .take the plea that your services were terminated because you complained against the manager for mental harassment 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

You need to challenge your termination and claim your dues

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear client,

You have right to take release as it's affecting your mental peace and emotional well-being no one can force you don't ever compromise your mental health.There are numerous opportunities outside organization do just decide your goal and use the platform take required experience .

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

- You can approach the Court after sending a legal notice in afresh. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

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