Firing of an employee
Stephen Suryawanshi
(Querist) 25 April 2016
This query is : Resolved
Hello,
I was fired by a Ahmedabad based company named Infibeam from my post of Affiliate Marketing Manager
I joined the company on 1st March 2016 and was terminated on 19th April 2016.
The reason that they gave me that the company doesn't have any role or have plans for my job designation and hence they fired me.
The asked me to drop a resignation email which I did or else they were gonna terminate me.
I also read my appointment letter where it says that upon termination by an employer the company is liable to give me 15 days notice and if a employee leaves the company, the employee has to give 2 months of notice.
I feel there is something legally can be done against this so that I can get more compensation from the company and feel something is not right
Please help here
Best regards,
Stephen. S
Kumar Doab
(Expert) 25 April 2016
Do you have any evidence that you were asked/forced/coerced/threatened/intimidated to resign or you shall be terminated and that it is because there is no role for you, although you were recruited and appointed for the said post?
You have posted that you resigned and notice period applicable to you is 60 days.
So it is you who scan be asked to tender notice pay and company may not even supply FnF statement for FnF dues.
Stephen Suryawanshi
(Querist) 25 April 2016
Sir,
Can I have your cell #. I would like to explain this in detail to you
Best regards,
Stephen. S
Kumar Doab
(Expert) 25 April 2016
I am not available for discussions by phone.
You can post in the thread or send PM.
You can also approach an able counsel specializing in such/service matters.
Stephen Suryawanshi
(Querist) 25 April 2016
Ok, It was communicated verbally to me and they asked me to resign.
And yes I was recruited and appointed for the said role, a major restructuring happened on management level and now they have eliminated my profile all together.
Rest company is ready to provide me with the Fnf documents and pay.
But my doubt is since I have put down my papers and according to the company policy they should provide me with the compensation.
Kumar Doab
(Expert) 25 April 2016
Has our resignation been accepted in writing and supplied to you?
Has the company agreed to pay in writing?
You can minute you were asked/forced/coerced/threatened/intimidated to resign or you shall be terminated and that it is because there is no role for you, although you were recruited and appointed for the said post...............and withdraw the resignation.
The onus to establish may fall upon you.
The management may conduct inquiry and conclude that you resigned on your own.
Do you have any evidence that there was restructuring and after it profile has been erased?
You could have been offered another role, asked to be on bench and paid lay off compensation ( as per contract/appointment letter/service rules-conditions/standing orders).
The company may claim that it can tender only the 15 days notice pay as a special case/and-or waive off the notice period/pay applicable to you as you have resigned.
Either apply your own skills to build record and get compensation or entrust to your able counsel.
Stephen Suryawanshi
(Querist) 25 April 2016
They haven't accepted my resignation yet and verbally they have said that they'll provide me the current's month salary
So the Fnf amount isn't big, it would be they pay for extra 5 days that I would work here
Kumar Doab
(Expert) 25 April 2016
You have posted that your designation was 'Affiliate Marketing Manager'. It might be a fancy/glorified designation.
An able counsel can examine the nature of duties/acts performed on record and can opine whether you are covered by the def. of 'Employee' as in Gujarat Shops & Estbs Act and 'Workman' as in ID Act.
Had it been on record with you that your designation was erased/ended just after 1.5 months of your appointment and were asked/forced/coerced/threatened/intimidated to resign or you shall be terminated...........................or if this can be claimed/established etc.................then your counsel may opine that 'retrenchment compensation' could have been one of the possibilities.
You may consult an able counsel/law firm ASAP and understand merits/options and decide what is your preference.
