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Illegal Firing During Medical Leave: Seeking Legal Remedy


25-Dec-2025 (In Corporate Law)
Can I legally demand reinstatement and compensation if I was terminated without a show-cause notice while on medical leave, and HR is currently ignoring senior management's specific instruction to resolve the dispute?
Answers (3)

Answer #1
614 votes
If you are terminated without a show-cause notice or disciplinary enquiry, especially when you are on sanctioned medical leave you can take below mentioned actions: Issuing a legal notice demanding reinstatement/compensation Approaching the Labour Commissioner or appropriate court/tribunal, depending on your employment status.
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Advocate Vishali Verma

Adv. Vishali Verma

LawRato Delhi | 25+ Answers
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Answer #2
864 votes
Yes, termination without notice or inquiry during sanctioned medical leave may be illegal and violate principles of natural justice and service rules. You can seek reinstatement and back wages if covered under labour laws, or damages if contractual. Issue a legal notice, rely on senior management directions, and approach labour court or civil court as applicable.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoDelhi | 50+ Answers
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Answer #3
846 votes
Yes sure you can initiate a legal action against your employer for illegal termination of service. But for a detailed remedy of your case we need to first analyse your contract of service, as there might be multiple options available to you for your breach of contract.
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Advocate Avinash Gaur

Adv. Avinash Gaur

LawRatoDelhi | 5+ Answers
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