quesTerminated verbally. Not returning original certificates. What to do?

I have been fired under 14 days & they are not paying the salary and are not returning my original education certificates. I just joined an organization 14 days back. At the time of signing the appointment letter the organization had given, they asked me to deposit my original education certificates assuring me it will be returned back at the time I leave the company.

 

Now without handing me any termination letter or without me resigning from the company, they have asked me to quit the company verbally. Neither are they willing to return my certificates nor are they willing to pay the salary amount for the 14 days.

 

What should I do?

 

  • ans 

    As you have stated that your services were terminated verbally without any notice or cause, 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 favour:

     

    i. Breach of contract: No notice was given to you before terminating your services. You need to see your 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

     

    With respect to your original documents, you can add a prayer clause seeking directions from the court to the organisation to return your original documents.

     

    However, we would be in a better position to advise you once we peruse your appointment letter and service agreement.

     

  • 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 Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Labour & Service lawyers in India

Similar questions

Free Legal Advice - Labour & Service

Labour & Service Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)

  Dwarka
 Experience: 16 years


Advocate Vishal V Birajdar

  Andheri West
 Experience: 10 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


Advocate Anuj Aggarwal

  Model Town, Phase 3
 Experience: 12 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly