Dear Ajeet,

When managemnt does not have any solid background they usually use the words "due to administrative exigencies".

But rest assured, they won't be able to prove any adminsitrative exigency, if they face some solid appeal first and thereafter, if they remain still adament, a legal case.

can you produce the contents of said termination order. In case, the facts are chronologically arranged . This is a clear case of victimization. 

The learned members/experts have given their valuable suggestions and opinions.

You have done your home work.

As suggested by the learned members/experts the documents be posted to the forum.

The incidences and documnts need to be arrnged in chronological order an a deft and crisp representation needs to be supplied.

You may not delay and submit carefully drafted appeal to the highest authority i.e MD/Chairman/CEO if you are not able to find the central standinf orders of the company.You may take the help of your lawyer.

The case is being  watched studied pointwise and with interest.There is clear cut vindictive approach and the HR on its own or under instructions has been  jeleaously out to set some  examplary punishment and has stepped on the toes, and to demolish the dignity, self esteem, career, employability of the employee with such a high headed attitude as if they are owner and employees are slaves.

However they shall find it extremly diffficult to prove the rightenous in their action.They shall rather have to face the charge of absolute abuse of power.The civil court may only correct the error by reinstatement/penalties.The labourt court may order reinstatement  with full back wages.

Now the during execution of the order of the labour court can attach property/estate,order punishment of the defaulting employer.

You may now move forward with sound legal advice.

At the right time you may find that you can proceed to sue th culprits and they shall learn their lessons.

Thanks Doab,

Actually A had already intimated all these events to top management of the company, prior to termination order was issued.

Here is the contents of the e-mail sent to CEO, President and copied to other officials.

Dear XXX,

 I am seeking a few moments of yours and reporting you an incident of severe harassment at <company_location>. Its about two months but no resolution has been provided to me till now.

In brief, I reported a couple of incidents of personal abuse towards me to lower management and as a result, I was made accused instead of giving any notes to my concerns and was forced to undergo some undefined disciplinary prosecution. I was given a Show Cause Notice and consequently a Charge Sheet. In Charge Sheet, very serious allegations were leveled against me, reply to which I submitted on 7th December.

In a recent meet with HR Manager, I have been asked to choose one between the two options; either a resignation or a forced termination of my employment. All the facilities provided to me have already been suspended.

Also I would like you to know that a very similar incident happened with me earlier. This time my employment was illegally terminated and when I protested, I was re-hired within 42 days and since that time I am being subjected to severe harassment.

I am providing you the details of the up-to-date communication (in a chronological order) below just for you to have a better understanding of the entire issue.

The saddest part of all these events is that nobody from local management has ever shown any concern towards me. All my pleas have gone unheard. It is ruining my career prospects a lot and my skills are adversely being affected as well. Moreover, now it has started affecting my health and mental status.

 I hope this will not go unheard. Hoping for a positive reply.

Thanks

Above email was sent on 28 December. By this time, A had submitted the submitted the reply to Charge Sheet (on Dec 7, 2008).

The termination order was released on Jan 5, 2009. 

i concur with the views of Mr. Kumar.  However, you are going to right path. In case, the management take any action against you, it will certainly go against them. 

The learned members/experts of the forum have given their valuable advice.

The sound legal advice given by the learned lawyers should infuse strength, clairty to fight back and win. The learned lawyers you may approach to represent and defend you may take you under their wings and support you. It has been seen many times; learned lawyers may not even charge and yet provide sound legal support.

Hope you have already obtained the services and if not you may at the earliest obtain the services of seasoned, learned service lawyer/law firm  at your location, and take time to draft your communications. Your lawyer may replace, add, modify, and structure your communications e.g. in place of "have gone unheard." your lawyer may prefer "studied silence has been maintained" on the representations and termination order was passed.

Your lawyer may decide to fight both the termination orders. Let the law take its own course. It may take some time but it shall be logically concluded.

Does your trade have a trade union? You may try and become member of some trade union and take the help of good leaders in the union and their parent body, who are not under the influence of management .Letters from their side on their letterhead with  copy to the ministries shall be of some help to you.

Everyone faces adversities in life but the lionhearted accepts challenge and emerge as winners.

Don’t be subdued by circumstances.

One employee a Manager was terminated because he met with accident while on his way to board the bus to proceed on tour, and was operated upon and was bedridden for months and recovery took months. Company stated losses due to his absence from work. Employee challenged the order. Company withdrew the order. Company stated they have withdrawn the total operation and transferred the Manager to HO location and harassed the Manager and later 1 day before the pay day terminated him. Manager challenged the order from his previous location and company had to pay him and agreed the take him back.

Manager used his rapport and was able to take the production engineer who knew of the malpractices of the company and was being harassed. The production engineer reported the malpractices to the concerned authorities, CBI and the owners are till date dragging their feet in court and    have to cough up heavy amounts to delay the proceedings.

To make them uneasy you shall have to touch a raw nerve.

Dear Ajeet,

I think sufficient advice has already been provided to you by the members on this forum. Your case won't get solved merely by dragging on the discussions here. That needs some real action on your part. For that purpose, better accept management's forced termination for the present raher than submitting your resignation, and file a case without any delay in an appropriate court of law with the help of some learned service lawyer.

Although your case is quite strong, but it won't get solved by mere correspondence with the stubborn management or by mere lingering on discussions here. You will have to drag the management in to the court of law.

The learned and able experts and members have given their valuable advice and have enriched the forum.

You may show all docs to your service matter lawyer/law firm and apprise them of the facts and details and data. Your counsel may tell you that have a good case.

Your lawyer/law firm shall evaluate the merits and help you to decide and file your complaint in labor court/civil court. Labor court seems to be a better option. Your lawyer and you shall take a final call on this.

You shall have to put up the exhaustive details to your lawyer to help understand the nuances of your trade. Your lawyer shall arrange the suitable and useful judgments ready.

The labor consultant with your lawyer/law firm shall then make the parties/noticees and draft your demand notice and shall arrange to supply your representation to noticees and Astt. And labor Commissioner for concilliation. The process is simple and time bound. Nowadays within 1 month after 3 opportunities Astt.  Labor Commissioner shall forward the matter to labor court, depending upon which state of the country you are in.

You shall be pleased and surprised to see during the proceedings that your company shall not delay and shall be filing their replies in time. The fixed numbers of opportunities are granted to each party. It is heard that now the courts have to complete the hearings in time bound process and deliver the judgment.

You seem to have done your homework, and you shall have to pin point loopholes, lapses, deficiencies, wrongdoings, of your company.

You may keep your claim ready which you shall have to send with advice of your lawyer.

You can of course with the advice of your lawyer represent to the judge that you are facing hardships, un employability, financial constraints, and request the honorable court to help you with early and time bound proceedings.

You may in the meantime try to earn your livelihood from other avenues which suits your taste and ability.

One can be successful if one converts one's hobby or skill to business and in this avenue you shall enjoy and earn, and other option is try the trade for which you gained education and experience, and another option is "Move with the trend since trend is your friend."

May be that this is a blessings in disguise and a bend to propel you into your own venture, and free you from the shackles of  what you did  not cherish.

Just look around and carefully you shall find many avenues.

You may speak to your family and well wishers like your father, mother, sister, wife, brother, able colleagues etc. They shall infuse the required strength and clarity. Female have developed common sense gifted by nature, and developed common sense is much better that even IQ/PQ/EQ. They shall help you to keep things easy maintain your calm composure tranquility and help you move ahead.

You may update your true bio data and you shall have to take the final call on telling the truth of leaving last company. You may not conceal.  There are companies, Managers, HR guys who may appreciate this and may hire you. You shall have to convince them that you are determined to resettle your professional career and you shall be working hard to prove your mettle and be an asset to the new organization with time bound achievement of goals, and rise with the company and with the guidance of superiors.

You may also carefully evaluate and take a final call to submit your resignation.

While awarding the judgment the labor court may adjust your income during the interim period so you should maintain your known sources of income. The onus of proving you have been unemployed and have not been earning lies upon you.

You can really do a lot to get justice and live your life in a dignified manner and maximize the penalty to those who made you suffer.

Respected Sir,

I have joined a software  company  attended the induction and 1st day formalities programme the same day.

I was absconding from day 2.

I have filled the PF forms. I have neither  signed the acceptane of offer in the hard copy nor sent the signed scanned copy of the acceptence . I have just mailed the acceptance by mailing that i would take the offer.

And i am clear that i haave not signed the offer letter .

I was terminated from the company after 1week as i was absconding via verbal and written communication ,

Now the company has sent me a notice stating me to pay a due amount / settlement of 50000 rs. Could you please help me out in this regard as what needs to be done as i am not in a position to pay that much amount?

i am worried

(Reason: the promises that was made by the company reg proj and my nature of work is different and althogh i had opportunity to talk i didnt because of the false promises andi know where i was going to be placed)