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Illegal Termination without a notice period
01-Oct-2023 (In Corporate Law)
I was fired without giving a notice period. I was not given the confirmation letter inspite of 2 months passing after probation ended. I wasnt even given an extension of probation letter. I was made to work 14 hrs a day everyday. I was mentally harassed by the cofounder who is a female. Also, when I was fired I opted for deletion of their FB page that I had made, and then later on I cancelled the deletion when the company authorities got angry. And then the page got recovered in 10 or 12 days as per FB's rules. Can I file a case against them and ask them for the compensation for not providing a notice period and mental harassment?
Probation Period is the trial period during which a company tests your performance. If you perform well, they continue to fetch your services either by extending your probation period for few more months or by giving you a confirmation letter that you have officially become part of the company & they confirm by that confirmation letter to make you the permanent employee of the company based on several terms and conditions. If you won't breach such terms and conditions & perform well, then company and you will sail in river of mutual profits, otherwise you'll be fired.
Now, coming to your question - you can sue the company based on the inhuman and unjust treatment of your's by the company. Despite, they didn't serve you with extension of probation letter or confirmation letter, taking your services for two months after probation implies acceptance on the part of the company to engage you on permanent basis. This is the case of Quasi-Contract where the contract between the parties doesn't need to be an expressed contract rather contract gets created based on the conduct of the parties. So, by not refusing you to discontinue with rendering of services & still continuing with you after probation period shows that they were either quite happy with your service or they were just opportunists, waiting for the right time to fire you to fulfill their selfish agenda . in either of the case, you can file a case against the company for not serving you with the notice period.
Now, coming to your question - you can sue the company based on the inhuman and unjust treatment of your's by the company. Despite, they didn't serve you with extension of probation letter or confirmation letter, taking your services for two months after probation implies acceptance on the part of the company to engage you on permanent basis. This is the case of Quasi-Contract where the contract between the parties doesn't need to be an expressed contract rather contract gets created based on the conduct of the parties. So, by not refusing you to discontinue with rendering of services & still continuing with you after probation period shows that they were either quite happy with your service or they were just opportunists, waiting for the right time to fire you to fulfill their selfish agenda . in either of the case, you can file a case against the company for not serving you with the notice period.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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