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Forced by senior to resign. Salary pending. What action should I take?
08-Apr-2023 (In Labour & Service Law)
I have been forced to resign by my seniors after they argued with me and abused me in the office conference room. They threatened me with dire consequences if I did not resign and said that if they terminate me, it will have bad effects on my career and I resigned under the pressure 2 weeks ago.
I was a star performer in the company and had done nothing wrong apart from complaining about the wrong doings of my new boss to his seniors.
What should I do now? I want my 2 months salary and how do I get justice for the harassment that I have gone through? I was working in a managerial role.
As you have stated that you were forced to resign without any notice or cause, you have a strong prima facie case against the company for illegal termination and non-payment of salary. You have to file a civil suit against the company for claiming your full and final settlement along with damages and compensation. You will not be able to claim reinstatement from the civil court. (Civil Court cannot set aside termination of private sector employees) You have the following points in your favour:
i. Breach of contract: You were forced to resign without any cause
ii. Intimidation / Bullying / Verbal Abuse at work place
iii. Non-payment of salary
iv. Star Performer
You may even register a complaint against the officials for workplace harassment. You should initiate action by giving them a legal notice stating all your issues and follow by further legal recourse if the notice does not get you the desired relief.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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