Request for Legal Advice on Sudden Termination Without Notice or Due P
28-May-2025 (In Labour & Service Law)
I resigned as appraisal was denied, citing poor performance. Served 2-month notice, last day 4th Feb 2025. Company asked me to continue, and I agreed. After 3 months, I was terminated abruptly without warning or review. I supported an April exhibition; later, my manager asked me to take 1-month unpaid leave. When I declined, I was pressured to resign. On refusal, I was terminated again citing performance. I seek clarity on the legality and my rights.
Your termination without warning or performance review violates principles of natural justice and labour fairness. Since you were asked to continue after resignation and later forced to resign or take unpaid leave, this may amount to constructive dismissal. You can approach the Labour Commissioner or file a civil suit for wrongful termination. If your salary was below ₹24,000/month, you can also file under the Industrial Disputes Act. Collect all written communications and consult a lawyer for legal remedy.
Your right prima facie is to be heard. No one can terminate you through a blanket and unreasonable order.
However, to provide you with an apt solution I will be needing your service agreement with the company which will help me understand your legal position against the company better.
Feel free to contact me if you need assistance.
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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