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Unjustified termination. Dues pending. What legal action can I take?
25-May-2023 (In Labour & Service Law)
I Joined an organisation (proprietorship type) owned by a well know personality as GM. I was completely misled: 1) The profile which was promised to me was never there.
2) wasn't told about the exploitative condition in the appointment letter, it was fixed term contractual appointment for 3 years, where if the employee leaves he pays last 6 months salary & if employer wants the employee can be terminated any time / without any reason with 1 month notice / or salary
3) Unprofessional treatment / comments in office and home
4) Unjustified termination and dues not paid as per the appointment letter
What action can I take against them?
You should send a Legal notice to the organization challenging your termination on unreasonable grounds and claiming either reinstatement or full and final settlement inclusive of the dues.
We would like to inform that the Court cannot order reinstatement in a private company so all you can seek from the Court is compensation plus arrears of salary etc.
So now, if the organization refuses to pay, then you can file a recovery suit against the organization claiming damages/compensation for the treatment meted to you along with your full and final settlement.
You have a number of points that run in your favor:
a. Illegal termination: Unjustified. (on what grounds you shall have to explain)
b. Violation of principles of natural justice: (if you were not given a fair hearing)
c. Misrepresentation of the job profile.
d. Arbitrary terms of employment: Termination clause.
e. Exploitative work culture.
The other points can be added based on more information from your side.
Kindly contact us for any further details and action.
53+
Adv. Siddhant Sharma
Delhi | 200+ Answers
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