Termination / asking to resign
RAJESH CHOPRA
(Querist) 08 April 2018
This query is : Resolved
Dear Sir I am working in a Pvt sector Bank for last 15 years. Few months back my management gave me a memo listing various parameters on which they told me that I am not performing and to improve Once after giving me the memo they repeated continuously for 3 months saying that there is no improvement which I simply acknowledged receipt by signing . these parameters are such that performance on these keep fluctuating as they are mostly dependent on various factors external factors like staff performing at other locations and some beyond my control also these parameters are such that no one across the board is fully able to meet and for each person at my level they remain a challenge I never replied to any of their memo as I thought that I would improve them and show results. On many parameters I have improved when memo was initially given and I stand comparable to others doing similar job. Now a final memo via mail was given which I have not acknowledged and I am thinking to reply listing my improvements Now I also fear that my services may be terminated or I may be asked to go.
Do I have anticipatory protection under any law.
Can I challenge unjust termination after they terminate my services
What can I do at this stage
Is it necessary for me to reply to memo or I can go legal without replying also.
what legal recourse do I have
Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=828868
Guest
(Expert) 08 April 2018
Answers to your questions are:
1) You don't have any anticipatory protection under law, except that you can seek stay order of the court on merits of the case, if there be any. However, chances seem to be bleak.
2) You can challenge the orders of termination, if found unjustified.
3) You will have to wait for the final action of the court of law.
4) Must reply, if you can justify your performance.
5) Except for seeking stay order, you can't go legal before completion of the administrative process.
6) Stay order from the competent court is the only the legal recourse that you can adopt for the present.
Kumar Doab
(Expert) 08 April 2018
IT=@PSD
The entity that pops up with multiple fake ID's seems to have learnt and agreed (although very-very late at fag end) that stay on termination is possible..and is one of the resources...
Kumar Doab
(Expert) 08 April 2018
Hope you have the said policy under which aid memos are issued to you e,f. PIP....and performance record....of all heads included under performance...
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters having successful track record ………and worth his/her salt… for a considered opinion and further action.
If you wish you may attach the said policy and memos and record in Forum section....
Before attaching remove all names/logo/email id's/phone numbers etc to maintain confidentiality......
Avoid IT's and entities that loiter at online portals to allure the unsuspecting querists..
P. Venu
(Expert) 09 April 2018
There cannot be any meaningful suggestion unless issues are examined threadbare, which is beyond the reach of this forum. Assessment of the management could be assailed only on grounds based on malice, irrationality, unreasonableness and/or illegality.
