I am fired today abruptly within an hour...plz help
Nalin
(Querist) 19 January 2013
This query is : Resolved
This is to seek your guidance as an employee who has been fired by the employer in an hour without prior intimation.
I was called for an 'Anual Apraisal Rating' discussion meeting today at 2:00 PM. The points they kept forward are:
1. Due to my non-performance during the last year I have been awarded a rating of 4 (scaling 1-4), hence ognanisation has decided to part ways with me.
2. I asked them to give me a chance to proove myself and treate this as a last warning, they abruptly said that the decision has been taken and now I am having two options left with me.
1.If I resign then and there I will be awarded a basic salary for 4 months and my 'backgroung-check' will be "Green", there will be a smooth exit.
2.If I do not resign, then company will initiate termination for me and they will award 3 months of basic salary. Main part was that they threatened me that in this case my "backgroung-check" will be "Red"
I asked them some time to discuss the same with my father and my fiance, she is an LLM from NLIU,bhopal, but they refused the same and asked me to decide then and there. I told them, this is an infringement of my Fundamental Rights and I have all the right to take my time for considering the decision on legal as well as personal basis. After this discussion they suddenly abandoned my all the access to the system as well as office premisis.
They have asked me to meet on monday.
Despite the fact that last year I was on a long medical leave for about 3 months, due to an accident. The resposibility of providing the project or assignment to you lies with the management, and even after making a lot of efforts myself to get the project I was not able to get one. That too not because of "incompetency" but other official factors as:
1.There were delays in documentation and the position was filled already
2.Due to scrapping of the opportunity
3.Due to competion among the project managers to hold me for their assignment and consequntly it did not work out
I have got the evidences to proove all my stakes but as they are all in the company system, for which my access has been abandoned abruptly, I am not able to enclose the same here.
Please help me secure my rights and guide me to present my case on Monday.
I will be grateful,
Thanks,
Raj Kumar Makkad
(Expert) 19 January 2013
As you are in the private sector so it is not better to invite long battle rather move to some other company peacefully getting green report card.
Guest
(Expert) 19 January 2013
Agree to Mr.Makkad. Better move to some other company instead of getting entangled in a legal battle.
Guest
(Expert) 19 January 2013
Dear Nalin,
If your fiance is LLM, I wonder why did you feel the need to raise your query at the LCI before consulting her even on phone when Monday is still 2 days away.
However, in spite of your long query, you have not provided some very basic and crucial information about the terms of your appointment as well as whether they have given you anything in writing about payment of four months salary on your resignation.
Based on your partial details in the absence of the requisite information, I can only say that if you resign at your owm, instead of getting salary for four months you would be asked to pay salary in lieu of notice period. But, if the company terminates you without issuing prescribed notice, they will have to pay the salary for the notice period.
Rest you have to decide in consultation with your father as well as your LLM fiance, as you stll have more than 48 hours to meet the management.
Anirudh
(Expert) 19 January 2013
You only had two options - either to accept green background check and get 4 months pay, or get 3 months pay with RED background check.
Any child would have preferred the Green and moved on.
For this one need not consult anybody. Even by consulting, they would not have changed he decision of the management to terminate your services.
V R SHROFF
(Expert) 19 January 2013
Agree with Shri Raj Makkad. Better move to some other company .
Sudhir Kumar, Advocate
(Expert) 19 January 2013
