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Termination of services

(Querist) 31 July 2013 This query is : Resolved 
Hi,

My name is Manju Venkatesh. I was working for an MNC, Bangalore.

I have a clarification to be made. Recently I was terminated from the company for physical assault.

Company's operations are situated at two locations. I work at location 2, whereas the incident happened at location 1.

As the incident happend at a different location, is there anything that can be done to prove to the organisation that the action taken is not according to the law.

I have not signed the letters offered by the organisation.

Your suggestions are much appreciated.

Awaiting your response.

Thanks and regards,

Manju V
Sudhir Kumar, Advocate (Expert) 01 August 2013
vague query. no facts are stated. no advise can be given.
prabhakar singh (Expert) 01 August 2013
All that i could make out that some act of 'assault' occurred in company's premises at location 1 while you were working at location 2 then you can not be expected to be present at location 2 and pleading 'ALIBI' which can, even if true, sustain only when you can prove that distance between the two units are as much that one at unit 1 can not at all arrive at unit 2 same day.

There is no other fact in query to be considered.
'ALIBI' is always considered to be weakest defence.
Never think of a lien in a private job which can be terminated by either party on a notice.
Rajendra K Goyal (Expert) 01 August 2013
As the incident happend at a different location, is there anything that can be done to prove to the organisation that the action taken is not according to the law.

- Illegality can be proved by legal way which is time and cost taking. Immediate relief is not hoped in the given facts.

I have not signed the letters offered by the organisation.

- Does not make any difference you may sign or not the letters. Organisation will only mark refused to accept.
manju venkatesh (Querist) 01 August 2013
I was present at the location 1, there is no doubt about it. In fact, I was the one who committed the physical assault.

My question is: is there anything that I can do to convert the termination into a resigation acceptence.

I have spent 3.2yrs in the organisation. Which is the major part of my professional career.

I do not mind spending money to get a releiving letter.

Please suggest.

Manju Venkatesh
RAJU O.F., (Expert) 02 August 2013
You may approach your employyes/workers union officials for help. If physical assault is recorded in your termination letter, any organisation will hesitate to appoint you.
Raj Kumar Makkad (Expert) 04 August 2013
Well advised by experts.


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