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A good performer at job. Can they still remove me w/o formal letter?
15-May-2023 (In Labour & Service Law)
My company has fired me despite me being a good performer for 7.5 years with them. I was working with Genpact as an Asst. Manager. Last year i complained about my high pressure role to the HR and they decided to change my role post which I was given a bench letter for 3 months wherein I gave internal interviews to which my HR gave me a bad rating and shared it with other internal HR’s as well.
Later I was asked to resign. When I did not do as I was told they took my laptop and asked me to leave and gave no formal retrenchment letter but just gave a job leaving letter.
What should I do?
As per what we can gather from your query, you have a very strong case for wrongful termination.
As you have stated that your services were terminated without any notice or a formal letter, you have a strong prima facie case against the company for wrongful termination. You have to file a civil suit against the company for claiming your full and final settlement along with damages and compensation. You will not be able to claim reinstatement from the civil court. (Civil Court cannot set aside termination of private sector employees)
You have the following points in your favour:
i. Breach of contract:
No notice was given to you before terminating your services. You need to see your offer letter and the contract with the company as to the time period stipulated for giving the notice of termination.
ii. Violation of Principles of Natural Justice:
You were not given any reasons for termination and further you were not given a fair hearing before terminating your services.
iii. Forced resignation:
The fact that you had been a good performer for more than 7 years and the Company basically forced you to resign without giving any reasons.
However, we would be in a better position to advise you once we peruse your appointment letter and service agreement.
Please try and procure a copy of the employment contract as that shall also be beneficial while filing the recovery suit.
Before filing the suit, you should send them a legal notice claiming damages and compensation for the wrongful termination and the harassment caused to you.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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