Ravikumar (Director) 15 February 2011

Employer giving Termination even after medical reasons

Hi All,

I worked in a very reputed company for 1.5 years and then due to family circumstances shifted to chennai as I got into another MNC company, where the work culture was very bad and there were no projects at all. I worked there for like 10 months. During this time I started suffering from severe lower back pain, I decided to quite my job for some time and move to my native , where I can take some treatment. As i was not able to manage my family at chennai. I talked with my account manager regarding the same. He said he can not accept it. The next day I had gone to my native , where I figured out that my severe back pain was due to scatica. The Neuro Surgeon asked me that I should go for a surgery. I got a medical certificate from him and went ahead and sent my resignation letter along with the medical certificate from the doctor.

The requested them to issue me a releving letter , as I can find some suitable job in my native and back up my family. They kept prolonging the issue for nearly 1 month. They in between called the doctor and confirmed from him also.

Now my family and myself decided that I should not go for a surgery , but resort to Siddha (ayurvedic) means, I even got them a letter from the ayurvedic doctor. Now they are saying that I should come down to Chennai and show to there doctor and then only they can go ahead and relieve me otherwise they wil issue a termination letter.

Iam advised not to strain and travel more.

Please advice how to tackle them.

I have even written them everything , but still the HR is shouting on me and nobody in the mail loop is responding.

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2 Replies

Kumar Doab (FIN) 16 February 2011

You may express that you have already supplied the medical certificate from a qualified Neuro surgeon, and that company has also varified from the doctor.

You are not able to travel.

Company wants examination from a doctor appoited by them, and company may appoint concerned doctor at your native place.......at their cost and consequences, and inform you.

and that you shall go ahead for your welfare as deemed fit.

You can seperate from emplyer as per terms of your appointment by giving notice and at the most notice pay.

Employer has to supply you,work experience certificate ,form 16 etc.

If you have any company property you may arrange to submit under receipt.

Kirti Kar Tripathi (lawyer) 16 February 2011

In my opinion, the termination on this account will be more detrmental to employer then you. Thus act as per advise of my brother Kumar, Even after, you can resign from the post. No one can comel a person to serve against his will. In case, they terminate your services, you challange the same, in that event, you will be in better position to negotiate.