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Can company verbally terminate for coming late to office in 20 days?


08-May-2023 (In Labour & Service Law)

What legal remedy can I take against a company who terminated me in 20 days saying I was not coming to office in time? I had informed them earlier and had informed the HOD as well. I only have the offer letter.

 

They verbally terminated and gave me nothing is writing. I was working as the operations executive.

 

Answers (1)

Answer #1
469 votes

As you have stated that your services were terminated verbally without any notice, you have a strong prima facie case against the company for illegal termination and non-payment of salary. 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 favor:

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. Non-payment of salary:

However, we would be in a better position to advise you once we are able to view 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.

Kindly contact us for any further details and action.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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