Hello friends last week my company fired me on immediate basis and didnt informed me about that. on the morning of 23rd november when i came to office, the peon of the office gave me my salary cheque and in which they compensate of next 7 days only. on the relieving letter they mentioned that company could not bear your salary, so we had to terminate your service. but on the evening of 22nd november they sent an email to all clients that i had been dismissed from the service for fraudulent and stealing designs. And those designs which we had stolen from other international designers. in that email they mentioned that i may be contact them to make those designs in cheaper rates. my clients call me told me about this email. and he sent to all the clients. now my point is can i file a civil case against my employer for immediate termination without any prior notice and proper reasons.
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1) What were the terms of your appointment letter regarding termination from service ?
2) You would be entitled to compensation as per terms of your appointment letter
3) if company has maligned your reputation you can file complaint of criminal defamation under section 500 of IPC
4) also file suit for damages for maligning your reputation
1) What were the terms of your appointment letter regarding termination from service ? there was no terms and conditions mentioned on the appointment letter. the only condition was mentioned that i cannot do my personal work in the office hours. there was no such clause mentioned that i cannot work after office works. secondly he had not signed the NDA that i cannot use his designs or nor his designs are copyrighted. as those designs are copied from the other international designers. 2) You would be entitled to compensation as per terms of your appointment letter as per my appointment letter there is no such thing mentioned on termination. it was said that we have all govt holidays... we never got those holidays. 3) if company has maligned your reputation you can file complaint of criminal defamation under section 500 of IPC i want to file the case against it. my client had sent an email screenshot in which it is clearly mentioned the date and time. when i was on job. and he had sent an email to all the clients. so now if i want to start my own business i coudnt do that because he had already destroyed my reputation. 4) also file suit for damages for maligning your reputation i am looking forward to it. around 15 lakhs. my three years salary.
Issue legal notice to your employer to withdraw false and defamatory allegations made in email Sent to your clients and to tender an unconditional apology
2) if employer refuses to tender apology and withdraw false allegations take civil and criminal proceedings as advised herein above
Hi
You should file a suit for compensation and salry arrears due.
First send them asking the arrears and fur with compensation of termination .As they have assigned there inability to pay you, you have got a strong case to seek compensation.
Secondly ,they have maligned your reputation thus infringed your right to earn for your livelihood, by sending malicious and defamatory mails ,so you can ask compensation on defamatory ground
1. You can surely challenge the termination in the court. The contradiction in the emails sent to the clients and the reasoning mentioned in the relieving letter can work against the employer if you drag it to the court.
2. You are also free to launch a criminal prosecution for the offence of defamation against the ex-employer and also seek damages for the loss of reputation through a civil suit.
3. Consult a lawyer with a copy of the appointment letter, relieving letter and emails which were sent to the clients.
