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Remedy for sudden eliminated from Employment
27-Jul-2023 (In Labour & Service Law)
I have been working with my current employer for 2.6 yrs. company asked me resignation in march 26 2018 and i gave them against 30 days notice period. i asked to company give me an opportunity for performance they give till june 30. I served them they extended my service without any information. Now they are eliminating me. What i do is there legal case become against them.or can i get my 1 month asvance sallry. Whatever happens please let me know sir. I have family.
Hi, did you sign any employment agreement with your company ? If yes, then there must be a Clause incorporating the conditions and terms for the termination of employment. Immediate termination cannot be carried out by any employer unless and until the same has been mentioned in the employment agreement and agreed by you, legal action can initiated in this regard.
Helpful?
Adv. Kamakshi Shrivastava
Delhi | 25+ Answers
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You can do following -
1. You can ask for your severence pay if that is there in your agreement.
2. You can ask your experience letter, payment equivalent to your notice period if severence payment clause is not there.
3. If they are terminating you illegally then you can sue them for your loss of opportunity, future losses, loss of income etc. But if your ouster is legal then you don't have this option available with you.
4. You can re-negotiate your tenure period at your current job if that is possible in any case.
My best wishes to you.
1. You can ask for your severence pay if that is there in your agreement.
2. You can ask your experience letter, payment equivalent to your notice period if severence payment clause is not there.
3. If they are terminating you illegally then you can sue them for your loss of opportunity, future losses, loss of income etc. But if your ouster is legal then you don't have this option available with you.
4. You can re-negotiate your tenure period at your current job if that is possible in any case.
My best wishes to you.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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U can file case against them in labour court or civil court depend upon ur designation. U can contact us with ur employment letter etc. We will advice u accordingly for ur best intrest. . Don't sign any document without our advise
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Adv. Alok Rattan
Delhi | 100+ Answers
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