sacking an employee without notice
A K
(Querist) 19 June 2009
This query is : Resolved
Hi,
I was recruited by a company in April month this year. I joined that company in the first week of may. I was working fine and my work was being appreciated by my boss and others persons involved. Then later the same month (after 28 working days), I was given the termination letter and was shown the door of the company within 15 minutes. No notice was given to me.
Brief on this issue:
I only have the offer letter and the termination letter given by the company. I was expected to get the detailed appointment letter mentioning the details regarding HR policies, breakup of salary etc...Also, I asked for ID Card, Visting Card etc... but they told me that they are under processing. I got at the beginning a Laptop, a Data Card but all that was taken back at the day of termination.
I contacted the management, but three different people gave me three different answers.
I was told that my educational profile doesn't fit the required role(it's a kind of joke......... they have realized this after i had worked for 28 days). Also, another person told me that there has been structural change within the company, so company doesn't see a long term career with me. Moreover, my termination letter says that my performance was not satisfactory. First of all my boss is the right person to judge my performance and he has no issues. Also how can a person be judged in just 28 days. When I asked about this performance issue to the management, they said just ignore it. We didn't mean it.
So basically they have no reason to defend this termination. Just because they were careless when I was recruited, so they are giving vague reasons to defend this.
I have been left jobless in this crisis affected job scenario. I m very disturbed. Please help me to fight this issue. Guide me how should I carry forward this issue.
Jayashree Hariharan
(Expert) 20 June 2009
Hi, I endorse the view suggested by Mr. Sivasubramanian. Further, this cannot be treated as a layoff also, since you have not been confirmed. so you cannot approach the labour court. only saviour is your offer letter and the conditions attached to probation. read thru it and c if u can find any loophole.
all the best.
Guest
(Expert) 08 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
1.YOU MAY SEND DETAILS OF OFFER LETTER AND ANY PAYMENT OF SALARY PROOF OR I.D.CARD COPY WITH YOU.WILL DEFINETELY HELP YOU.
2.NOTICE IS MANDATORY AS EMPLOYMENT IS A CONTRACT AND YOU HAVE ALREADY WORKED WITH THE COMPANY FOR SOME PERIOD.
YOU MAY MENTION YOUR DESIGNATION AS IT WILL DECIDE WHETHER YOU HAVE TO APPROACH HIGH COURT OR OTHER COURT PLEASE NOTE.
2.DUE TO RECESSION PVT.EMPLOYERS HAVE TENDENCY TO RETRENCH EMPLOYEES BUT WILL TAKE UP YOUR MATTER WITH AVAILABLE DEFENCE PLEASE NOTE.
KINDLY WRITE AND SEND DETAILS OR CALL.
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
