Unfair termination and was forced to Resign
Unfair termination and was forced to Resign
I was working as a Regional Manager in a Company at Britannia – Daily Bread (i) Pvt Ltd since 10th October 2013, My Company immediate superior had asked me to resign forcefully on 12th December 2014 due to cost cutting or in failure to this you will be terminated from your services immediately without the pay, However I did not wanted to face the embarrassment of getting terminated and chosen to resign by giving 2 months notice period to serve as per my appointment letter,
On 12th Dec-2014 I was called to the office to notify that Anindyo Datta the new Business Head has taken over back this position at Daily Bread and he wants to work with a new team, I was completely shocked as the new management team has already appointed someone with a lesser salary and without giving me a prior information, I had few question to be asked to Manjari( Business Manager ) on what basis this decision was taken, but all she replied that he would not want you to be a part of his team, I kept asking for a genuine reason but she had nothing to say and forced me to put down my resignation on 12th Dec-2014 and my last working day will be 12th Feb-2015, However I acted accordingly as it was completely unfair and I was threatened on termination. I had neither early warnings nor complaints about my work performance. They are not telling me the reason. Why Should I be termination on the spot? I have been a top performer for Daily Bread.
Post my resignation Manjari demanded me to handover all the companies assert eg- Laptop and mobile phone as she wanted to issue the same to new employee, Post handing over I met again to Manjari on my way forward on serving my notice period of two months which was discussed prior to my resignation, she walk down to IT Dept and tells him to block my email id with immediate effect in front of all my colleagues, I was so humiliated, embarrassed and anguished with the situation she was trying to create I am a senior manager has served company for more than 14 months and prior to this I have worked for 4+yrs and how would someone be so unethical, unprofessional and in disciplined behavior, I was not even allowed to take my personal data which was in my laptop, However, things soured soon after, I was told that we are terminating you because we don’t need you and you are relived with immediate effect and you shall leave the premises immediately, Then I demanded the same in writings and my FnF settlement for 2 months as per my notice period as she refused to let me serve my notice period , she replied she has no idea and will check with Britannia as we have terminated you, this is absolutely not justified . It is not a question about legality but about the approach. According to me management is expected to be more mature, professional & unbiased with the situation.
I also spoke to Anindyo - Business Head (Based out of Bangalore) on 19th Dec-2014 on this, but he has been passing the blame on Manjari and suggests that he cannot help me in this regards, although I know pretty much that this was created by him and he was the script writer to get me to this situation.
On 25th Dec I escalated this matter by mail to Ritesh Rana - Head HR Britannia and did not get any response from him either and then on 31st Dec I decided to take this up with Mr Varun Berry - MD Britannia and mailed him as well, but all the top bosses in the company has been mum and none of them have come up with a convincing answer,
How can all be so irresponsible, as I have family to run and I am a single bread earner to my family with 4 dependants, based on this job I have so many financial commitments, however I am desperately look out for a job but so far nothing has come in. Due to recession the job market scenario is also not encouraging.
Strictly speaking, I was victimized of arm twisting tactics by the company in order to force me to go without a genuine reason, I did not commit any misconduct knowingly or unknowingly, and then I insist the management for the reason, but till date none of them have been replaying on the above said matter,
I would really appreciate if you can look into the matter and assure me the solution, although i have a written 2 months notice period as per my offer letter and I was ready to serve.
Few Questions to be asked for such esteem originations:-
1. How one can be thrown out a good and valuable employee just like that. If that happens either the organization had no value based management or employee oriented management. In either case
2. A company has no right to terminate or force for the resignation (which sensibly thinking, she would have avoided) , unless there is a mistake / deviation by the me.
3. If there were any mistake are deviations from the standard terms & conditions of the company, which should have been notified to me in the form of warning initially, later through a internal memo and further should have concluded.
4. The Company should have paid me for the 2 months notice period as per the separation clause.
5. How can an organization forcefully ask employee to resign because they don't have any basis for termination?
As a Victim of Constructive Termination, I want my company to pay back my dues and loses which I am entitled
1. Back Pay – Salary, Wages and Bonuses
2. Front Pay
3. Pay that you would have earned in future had you not been forced out
4. Damages for mental distress brought on by your constructive discharge
5. Punitive damages
6. Attorneys’ fees
7. Performance Related Pay (Pending ) – 4000*14= 56000/-