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Wrong position offered. Illegally terminated. What legal action?
27-May-2023 (In Labour & Service Law)
My company terminated me without prior notice or a month’s salary. I had an issue with my employer who misled me from the beginning. He gave me the wrong information about the profile I was to handle. He told me it will be a managerial position but it was not. The offer letter says it is a contractual assignment for 3 years, where company can terminate me any time/without assigning any reason with just one months notice/salary and if I want to leave, then I will have to pay last 6 months salary.
There are no teams nor do they have any resources. Later, a guy who I had replaced came back after 5 months of my joining, the company terminated me. My career is ruined now.
What legal action can I take?
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 you 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 the damages/compensation for the harassment along with your full and final settlement.
You have a number of points that run in your favor:
a. Illegal termination: Unjustified.
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.
66+
Adv. Siddhant Sharma
Delhi | 200+ Answers
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