×

quesWrong position offered. Illegally terminated. What legal action?

My company terminated me without prior notice or a month’s salary. I had an issue with my employer who misled me from the beginning. He gave me the wrong information about the profile I was to handle. He told me it will be a managerial position but it was not. The offer letter says it is a contractual assignment for 3 years, where company can terminate me any time/without assigning any reason with just one months notice/salary and if I want to leave, then I will have to pay last 6 months salary.



 



There are no teams nor do they have any resources. Later, a guy who I had replaced came back after 5 months of my joining, the company terminated me. My career is ruined now.



 



What legal action can I take?



 

  • ans

     

    You should send a Legal Notice to the organization challenging your termination on unreasonable grounds and claiming either reinstatement or full and final settlement inclusive of the dues.

     

    We would like to inform you that the Court cannot order reinstatement in a private company, so all you can seek from the Court is compensation plus arrears of salary etc.

     

    So now if the organization refuses to pay, then you can file a recovery suit against the organization claiming the damages/compensation for the harassment along with your full and final settlement. 

     

    You have a number of points that run in your favor:

     

    a. Illegal termination: Unjustified.

     

    b. Violation of principles of natural justice: (if you were not given a fair hearing)

     

    c. Misrepresentation of the job profile.

     

    d. Arbitrary terms of employment: Termination clause.

     

    e. Exploitative work culture.

     

    The other points can be added based on more information from your side.

     

    Kindly contact us for any further details and action.

     

  • Send Legal Notice For Recovery Of Dues From Employer With Expert Lawyers
    Know More

    Click here to see all Labour & Service Legal Services
  • 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 Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Labour & Service lawyers in India

Similar questions

I am working at railway & as per rule one can stay at station minimum…
I do not want to appeal against recovery suit order and wish to make the…
hello sir my father is adopted son as his uncle died in govt. job but…
I m city amts bus conducter join in1996 and i m permenent in 2001; i…

Labour & Service Lawyers in India

Advocate Wg Cdr Ajit Kakkar (Retd)

  Dwarka
 Experience: 17 years


Advocate Harish Malhotra

  District Court
 Experience: 19 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 20 years


Advocate Rajesh K.S

  Rajaji Nagar
 Experience: 11 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly