Illegal termination
manish sharma
(Querist) 15 July 2015
This query is : Resolved
Dear Sir,
I used to work in Accenture and have been forcefully asked to resign after not clearing my performance improvement plan. I was put in PIP deliberately as result of conspiracy against me. Many of the top management folks were against me and despite their being improvement in my performance, they forcefully asked me to Quit. I had serious grievances raised to the HR against some of the management folks but they refused to listen to me. They have agreed to pay me 2 months salary but I am absolutely disgusted with the fact that they ousted me with a plan and it was done intentionally, as I stood against some of the management people.
Now when I am trying to reach the TOP management to intervene and provide me with justice, nobody is willing to co-operate.
Please suggest if I have an option of filing legal case against the company.
Any humble advice would be highly appreciated.
Thanks,
Manish Sharma
#8130362233
Advocate Kappil Cchandna
(Expert) 15 July 2015
Sir,
What does the clause says wherein they speak of termination or leaving the company, because if the clause says that you were not performing and you can be terminated then there must be some criteria for testing the non-performance and you will have to see on what basis they claim your non-performance .
Warm Regards
Kapil Chandna Advocate
9899011450
manish sharma
(Querist) 16 July 2015
Dear Mr.Chandna,
Thank you for replying to my concern.
There were few objectives set by the company and some of the objectives on which i was marked down were at the discretion of my manager. I never shared good relation with my manager and she did not want me in her process because other team leaders working under her were easily tamed by her and I used to be at her face whenever there was a disagreement, which apparently did not go down well with her. She along with her boss then conspired to get me out. If I would have been submissive to her then she would have never take this action. It is just because of ego clash, i ended up being out of the company.
Please suggest if I can make a strong case out of it, as I am 100% confident that my ouster from the company has more to do with the personal ego then the performance.
Advocate Kappil Cchandna
(Expert) 16 July 2015
Sir,
If that is the case then you can send them a legal notice to take you back in the job or compensate properly for the harassment being caused to you. If things don't get settled despite that, then visit the court and seeks your rights.
Warm Regards
Kapil Chandna Advocate
9899011450
manish sharma
(Querist) 16 July 2015
Thank you Sir for your quick response.
Let me consult this with my family and figure out what needs to be done. My date of resignation was 10th july 2015, so how much time do I have before I can file a case against them. I would never want to go back to that dirty place, the only option I would seek would be compensation.
Many Many Thanks for your advice.
Kumar Doab
(Expert) 16 July 2015
First thing first: Consult an able Labor Law Consultant/Service matters lawyer/Law Firm along with copy of the resignation,appointment letter,PIP policy,performance appraisal, all communications on record, minutes of your complaints submitted to company etc..........
Do you have any evidence of forced resignation?
Your lawyer may opine to withdraw the resignation claiming that it was extracted by force.
Rajendra K Goyal
(Expert) 16 July 2015
Whether you were supposed and was assigned the duties to point out the short comings of your seniors in your concern? You have initiated the fight and they were free to use the rules / events / reports against you to protect their interest. Due to managerial position they won and you lost. If you hope top management would favor you it is doubtful. Search for another job.
You can continue your struggle by writing to the top management. Better first adjust in some other job.
manish sharma
(Querist) 16 July 2015
Dear Mr.Doab and Mr.Goyal.
I appreciate all of you giving your expert advice.
Kumar Doab-Would you like to recommend an able labour law consultant.
Rajendra.K.Goyal-So there is no way to fight this tyrant behavior.If the management is against you, can they do just anything and get away with it.
Now if i do plan to file a case against Accenture in Gurgaon, is there a possibility that it could backfire.
I also went through a website "exposingevilempire.com" which is formed by former Accenture employees and it refers to all the foul practices taking place in Accenture. Does such sites help in fighting a case?
manish sharma
(Querist) 17 July 2015
Hi all,
Would you guys recommend me in suing the company or management would be too smart to manipulate things and get away with it
Kumar Doab
(Expert) 17 July 2015
In each town there are few counsels that specialize in Labor/service matters.
They are well known and such matters are referred to them.
You can visit Labor Court/Civil court and inquire.
Your family,friends,colleagues,employee's/trade union leaders can also guide you.
If you wish to search in LCI databank you can conduct search at:
http://www.lawyersclubindia.com/lawyers_search/
Employee's/Trade unions can also counsel you.
manish sharma
(Querist) 17 July 2015
Thank you Mr Doab.
Would you like to give any special reference who is expert in labour laws, specially fighting big companies like accenture.
Kumar Doab
(Expert) 17 July 2015
At a place like Delhi/Gurgaon you can access lawyers/law firms par excellence.
Ask around, yourself.
Shri Rajendra K Goyal can provide you better inputs.
manish sharma
(Querist) 18 July 2015
Many Many Thanks. Truly appreciate it.
manish sharma
(Querist) 17 August 2015
Hi Team,
I am planning to file a case against Accenture. Would any of our panelist recommend me an able lawyer. So i can narrate my case and see if something can be done on it. I reside in Gurgaon and my company is in Gurgaon (Haryana).
Thanks,
Manish Sharma
#8130362233
manish sharma
(Querist) 18 August 2015
Hi Sir,
Can i get a phone number of an able lawyer with whom I can discuss the matter.
Thanks
Manish sharma
#8130362233
manish sharma
(Querist) 22 August 2015
Dear Rajendra Goyal,
I did try to consult a local lawyer and he recommended me not to file a case as it would be wastage of time, would you recommend the same.
Kindly reply.
Thanks,
Manish Sharma
Kumar Doab
(Expert) 22 August 2015
It has already been suggested how to come across an able Labor Law Consultant/Service matters lawyer/Law Firm at your location.
You can also seek support from BPO employee's/employee's/trade unions e.g.
CITU/INTUC/AITUC/BMS etc.
Unions in Haryana have traditionally been strong.
