Termination converted into clean exit.
Querist :
Anonymous
(Querist) 01 March 2025
This query is : Resolved
Honorable All learned Advocates,
Thanks for all your earlier invaluable advice's.I am seeking one more advice from you on below described matter.
The brief facts:
1. Joined AT 24 July 2023 at Bangalore location with designation embedded engineer to an IT Company having 15000+ head count...
2. Got cross skilled project.
3. Worked in project till 30 Nov 2023.
4. Project manager extended probation period for 3 month without any information and discussion, even though it was clearly mentioned that same will be clearly informed to candidate.
5. Variable pay was only after successful completion of probation period.
6.After 9 moths i.e. on April 2024 when other manager called for appraisal discussion, no information candidate were having.
7. April 2024 manager checked with HR and then came to know about the Probation had been extended without any information and discussion.
8. In new project started from January 2024, several times late night and weekend working were there, when asked for only compensatory off , denied with lame excuses.
9. Relived from second project on 21 Nov 2024.
10. They didn't find any suitable opportunity till 25 Feb 2025.
11. On 25 Feb 2025 they scheduled the meeting with HR on 26 Feb 2025.
12. In 26 Feb 2025 HR meeting mobile was asked to give on reception.
13. Discussion major outcome was
i. No matching skill project available.
ii. Kindly put down papers.
iii. We will provide Rejoin option when if your skill project available, 2 month notice, medical insurance Extension upto 3 months, 15 Days salary and vacation paid, if you resign today else in termination.
iv. We will make Last Working Day on 26 Feb 2025.
v. I requested following:
A. Kindly set Last Working Day on 26.04.2025 as per two month notice - Policy don't allow.
B. Kindly allow me day or two to think and come back to me - Cant do.
C. Asked to put down during meeting but when asked , Please don't force me for the same..then given End Of Day of 26 Feb 2025 time.
14. But during the thought , I left office, and mailed to HR about recovering of Variable paid during year, which were replied by HR on 26 Feb 2025 at 19.40.
15. On 27 Feb 2025 at 23.10, I was not feeling well and informed HR about same and applied sick leave in the system.
16. On 27 Feb 2025, they sent the termination mail at 15.40, stating uninformed leaves and didn't resign on 26 Feb 2025.
17. On 27 Feb 2025 at 23.10 night resigned in system thinking to request to convert into clean exit and requested HR to convert it into clean exit stating future career aspects will be highly impacted.
18. On 28 Feb 2025, again requested HR to convert into clean exit.
19. On 28 Feb 2025 HR converted into clean exit.
20. 28 Feb 2025 finished all formalities i.e. surrendering the ID cards and laptop.
Kindly suggest on following:
1. What should I do here ?
2. Offer letter mentioned jurisdiction is at Hyderabad and I am staying at Bangalore and company working location were too at Bangalore.
Based on following violation
1. Offer letter state that information of probation extension will be provided and they didn't do, when I escalated the issue they confirmed the job after 9 months.
2. No compensatory off against weekend working even on request and denied with several lame reasons like result of work.
Can i not say, as the agreement has been already violated by you hence for me also the same condition is not applicable hence putting matter into Bangalore jurisdiction ?
By any remedy, I want to bring jurisdiction at Bangalore as to put up matter in Hyderabad while staying at Bangalore will be extremely challenging.
Please advice on above.
Regards.
T. Kalaiselvan, Advocate
(Expert) 01 March 2025
You can note down all your grievances in a paper chronologically and send a legal notice to the company through a lawyer by registered post demanding compensation for all the troubles you were meted out by the company.
You can estimate the loss in terms monetary compensation and demand the said amount by justifying the demand made.
If the company remains silent then you may approach civil court with a suit for recovery.
Your case may not be entertained by labor court if you don't come under the labor category.
Querist :
Anonymous
(Querist) 01 March 2025
Sir,
Thanks for your reply.
The road block is jurisdictions, by what remedy I can make it bangalore ?
Kindly suggest on jurisdiction...
Regards.
A Rastogi
Querist :
Anonymous
(Querist) 01 March 2025
Pl help on jurisdiction, coz to fight 1000 kilometres far is extremely difficult...
T. Kalaiselvan, Advocate
(Expert) 01 March 2025
Since the cause of action took place in Bangalore you can initiate legal process in Bangalore itself.
Querist :
Anonymous
(Querist) 02 March 2025
Dear Sir,
Thanks for your sincere help , one more point How to manage the offer letter condition of agreeing that Jurisdiction will be Rangareddy District , Hyderabad, Telangana ? As company is MNC and I agreed on that too during joining by signing same.
Regards.
T. Kalaiselvan, Advocate
(Expert) 02 March 2025
The jurisdiction shall be applicable for the disputes between the employer and employee.
However, in your case since you have been meted out with injustice by the Bangalore department of the company, you can cite the place of cause of action as Bangalore and start the legal process, let them come with their own explanation which can be challenged during the legal proceedings before court.
You first consult an experienced lawyer practising in service matters in Bangalore and proceed as suggested.
Dr. J C Vashista
(Expert) 02 March 2025
Contact, consult and engage Mr T Kalaiselvan himself to sail you through, if he agrees with you
