Framed in false case terminated from job how to get it back

582 votes

I need to review your appointment letter and also the copy of FIR. Depending on the same I can guide you the future course of action you can take against the girl and the Company and also claim loss of salary from the Company. You can call me and talk to me in this regard.

Advocate Bankim Mehta LawRato

519 votes

3 different issues and your request to advice on one issue I.e. reinstatement of your employment, which you claim is that was forcefully taken from you. Generally, the relief of unfair labour practice can come to your rescue provided you prove the same. It will be easy to prove against you that it is an after thought because you did not envisage that you will face situation of unemployment due to pending sexual harassment case against you. Which means you accepted willingly to resign out of free will. In absence any offer in hand at the time of resignation can strengthen your case and help court accept your argument that you were pressurized to resign. The court would need a strong reason to deny your resignation on record because option to take legal was available with you at that time too and may be you would not resign but ask them to terminate so that you could approach the labour court for relief. In short difficult to win but can be tried case..You should focus on getting the sexual harassment case closed to keep background verification clean.. When support someone in his/her wrong then you are also wrong..Take a strong stand to ley no wrong happen with you.

Advocate Rajesh Singh LawRato