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How to deal with unfair termination
02-Jun-2023 (In Labour & Service Law)
Hello I have recently been terminated from my organization where I have worked for 1.5 yrs stating the reason as non performance and behavior issue. All this started when I raised my voice for the yearly hike that we were supposed to get in December 2016 however we never got a hike until May 2017. The management promised us that a lump sum amount would be credited in the account in May 2017 and this never happened.when I questioned the management regarding the same issue they put me and my other collegues in performance improvement plan and that point of time the company's tools were not working. I have sent several emails stating that the tools were not working, however the organization terminated me and a few colleagues stating non performance and behavioral issue. I have no idea from where did behavioural issues come into picture as I never had any behavioural issues documented with my Hr. Further the company's payroll is from 22 -21 of every month but my salary is not credited.
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 you 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.
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.
Helpful?
11+
11+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Dear Sir,
have you been terminated or replaced by any other employee in the company? if yes, then when?
you can send a legal notice to the company asking them about your wrongful termination. if they do not reply to your notice then you have an option to file a case against the company for wrongful termination and due salary.
have you been terminated or replaced by any other employee in the company? if yes, then when?
you can send a legal notice to the company asking them about your wrongful termination. if they do not reply to your notice then you have an option to file a case against the company for wrongful termination and due salary.
Helpful?
12+
12+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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