Illegal Termination and Salary Due Recovery

January 22, 2019
By Advocate Chikirsha Mohanty



If you sue a former employer for wrongful termination, you are asking the jury to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. . The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses.

Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act.

Did you sign any contract of employment before joining the company?

If so, what were the terms of termination of employment in the contract?

Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.

The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.

However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffered due to the illegal termination.



 

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