You have posted that:
--“I was working with Hewlett Packard (HP) in India for past two years.”
Did your manager sign your appointment letter? Who had signed on your appointment letter?
“HP announced merger of its teams……….under one business unit”
Did the Hewlett Packard (HP) in India issue any circular on merger and to join new company? Do you have the copy?
“but the other technology team management ensured that my termination was made…..”
Which company has issued order of termination, Hewlett Packard (HP) in India i.e. original employer which issued appointment letter to you or some other company?
--“My manager was…. also demoted.”
Was your manager your reporting authority at the time of issuing termination order?
Who has signed on the termination order?
---“ but the other technology team management ensured that my termination was made by him as that'd make it look technically more correct.”
Were you already taken out of the team of your old manager into a new team when the process of termination was being written, and finally when the order of termination was issued?
What role of your manager (already demoted) and other technology team management you are pointing at in your termination?
Is your manager an authority authorized by company board to sign your termination order? Is your manager an authority authorized by company or HR process Flow Chart to recommend termination? Do you have the copy of process?
--“ But because of this ongoing internal political situation I faced a lot of harassment and because I highlighted this with the top management,’
Did you report it in writing? Do you have copies and acknowledgment?
Did the company conduct any inquiry and shared the findings with you?
“my manager was forced to give me a warning”
Was it in writing?
“and I was put under performance review for one month.”
Was it in writing? Is it PIP? Did you sign any document assigning say targets for the month? The targets were in numbers or measurable parameters? What was your achievement?
When your last appraisal was signed i.e how many months before you were put under performance review?
Are you issued targets for appraisal on month to month basis or do you have annual targets (divided into half yearly, quarterly, monthly targets)?
What was your rank in team, branch, region, zone, national MIS till the month you are put under performance review, in the month of your performance review and after it?
Was target vs performance in numbers a justified reason to put you under performance review?
Or you were cornered by a vindictive, zealous approach and malafide intentions?
Is there any clause in your appointment letter stating that in case of dip in performance your conditions of employment can be reviewed? If yes for dip in performance for a month/few months company should have evaluated your employment conditions instead of termination, e.g. in case of your manager demotion was effected by the company.
If the dip in performance is uniform and universal amongst branch, team, district, region, cluster, zone, pan India a single individual should not be targted..
If the dip in performance is out of control of employee e.g. poor after sale service, non availability of parts, poor quality, in competitive pricing/policies/strategies, slump in the segment, etc…….employee should not be targeted
---“ I have all necessary proofs with me to substantiate that my performance was never bad and I received appreciations from various partners and customers and peers.’
You have done wise by keeping proofs.
What is the reason of termination stated in order of termination???
If no reason is stated by company you may cite the representations to top management, performance review document and proof of performance.
Does your company have framed certified standing orders and extended to your designation? If IESO Act is applicable and company has not framed standing orders model standing orders shall apply.
It is felt that your employer would be under SE Act of the state. You are in which state?
Does your company fall within the definition of IT/ITES companies?
Model Standing Orders: 13. Termination of employment, 14. Disciplinary action for misconduct, 15. Complaints, 16. Certificate on termination of service, 17. Liability of 17[employer , 18. Exhibition of standing orders
SE Act e.g. SE Act Delhi:
30. Notice of Dismissal.—(
35. Inspection of Registers and calling for information.
37. POWERS AND DUTIES OF INSPECTOR.
41. WILFULLY MAKING FALSE ENTRIES
Designation alone does decide employee is a workman or not.
IT companies or for that matter majority of the company designate employees with fancy and flattering designations. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman. The labor laws applicable to a workman limit the choice to companies.
Your lawyer can also explain the merits under Specific Relief Act. You have the option of approaching civil court too.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer with copies of all documents and communications, give inputs in person and spend quality time with your lawyer and proceed under expert advice of your lawyer. Let your lawyer structure and draft your representations and build record in your favor.
The Labor Inspector may want to give notice and this may work in your favor.
The company may relent and yield to your representation to good offices, demand notice, Notice by Inspector under SE Act, and legal notice by your lawyer.
Valuable advice of learned experts/members is sought.
