Thanks... Please see the responses to your questions in underlined fonts. There are Further progress on this, which i came to know recently. Anil is the person who raised the issues due to which the investigation was started and i was terminated. I discussed with him recently and he showed me the complaint mails - 9 out of 10 complaints were not on me. Major complaints on sales Directors..!! Clearly i was made as Scape goat and sales directors who are close to MD of India operations are protected. After my termination, Anil was fighting in the company that the investigation was not concluded properly. Since no body responded to him, he resigned from company out of frustration and now waiting to go legally. When i was given show cause notice, i have sent a mail to investigation team with almost 20 critical questions and none of them were answered to me, still i was terminated. I have the mail evidences. Me and Anil are weighing our options to go for legally. Can you please suggest. Company is reputed corporate.
----“However, they threatened me to resign on immediate relieving by mentioning as personal reason and i did.”
Do you have any irrefutable evidence/proof?
Yes. I have a mail from HR Head.
If you claim forced resignation the onus to prove may fall on you.
This can be proved.
Has the resignation been accepted?
Yes.
If yes how would you succeed to withdraw the resignation?
Resignation can be withdrawn before acceptance.
AS PER FACTS POSTED BY YOU THE EMPLOYER HAS NOT TERMINATED/DISMISSED YOU!
HENCE HOW WOULD YOU SUCCEED TO AGITATE FOR ‘WRONGFUL TERMINATION OR DISMISSAL’?
----“They offered me one month salary.“
Has it been paid to you?
Yes.
Apparently you have resigned without any notice and with immediate effect.
In such case the company can square off your dues by adjusting notice pay.
IF YOU HAVE SUBMITTED NOTICE OF RESIGNATION AND HAVE STATED NOTICE PERIOD IN THE NOTICE THEN COMPANY CAN NOT ACCEPT IT BEFORE EXPIRY OF NOTICE PERIOD.
----“New MD has taken an exceptional case to show as an example to the employees and streamline them..!“
The new MD has made a market for him immediately upon joining by choosing you as and would be a celebrity by now within the company!
Due to some episode ‘You became the chosen one’!
Introspect and you will know how to swim in such waters in future.
“Now, after one month of my termination also, no action is taken on those employees who have done the serious mistakes, just because this will affect the company reputation outside.”
This is precisely how it happens in Private Establishments.
Why the new or old or any MD should expose the flaws of establishment to external agencies and hence damages?
He would do so only if he is Patriotic to the core of his heart Or out of senses as his masters would describe it and then throw his career to dustbin and offer his head for sacrifice.
----“so i did this mistake due to pressurized operating situations. There is no effect on the company reputation, since this mistake is purely internal and nobody affected.”
In pressurized operation situation also you must learn to obtain prior approval or record in writing or decline to operate.
The employee should not offer his head and job for sacrifice.
Employee should remember the hardships suffered by him/her and his/her parents to come to such level when one can earn his livelihood.
----“When the investigation against me was going on, i found several serious mistakes (much much more than i was accused) done and being done by others and raised them to the MD of the company. MD who was handling this investigation is new to company and didn't cared about my credibility. They understood that the mistakes i have pointed out are very serious and can totally down grade the company reputation. Even government can also take severe action on the company on the issues i have found out.’
You are pointing out that the delinquency or misconduct that you were charged with was no Misconduct at all as it was an accepted or allowed practice.
Yes, This has been accepted and allowed practice and followed by every one. Though strictly going by rule book, this would be a mistake
The misconduct that is not listed amongst 'Misconducts ' may not be a 'MISCONDUCT AT ALL'................. however let your lawyer opine finally on it for your particular case.
NO One can stop you from informing the state, Government agencies and courts of law……………………..after all state and courts are ‘Parens Patriae’……………..Parent to the Nation.
The MD and owners being seasoned and having swam in troubled waters know that a ‘Perturbed Employee’
Can complain but his enthusiasm may soon fizzle out as pursuing a complaint requires………………. ‘Men with resolve strong like steel’, resources and means too.
If you has such sensitive information/documents in your hands then you had a ‘Strong Handle’ on your employer…………………………..
The why did you loose and suffered?
They felt that, i would not take this forward.
Probably you did not consult ‘Employee’s Unions’,“Trade Unions’, your lawyer/Law firm, elders in the family……………………..
YOU SHOULD HAVE CONSULTED EVERYONE!
----“After resigning they asked me to sign a new contract which had lot of new clauses than my original offer, including non disclosure of confidential information and return of evidences etc.”
You can certainly decline.
Is it stated in appointment letter issued to you, HR policy/Service Rules and regulation etc reference of which is made in appointment letter that at the time of exit some agreements …………………….have to be signed?
No. There is no mentioning of same and i have not signed any agreement.
Has the blocked your FnF due to non acceptance of such agreements by you?
FnF is paid out.
You should spend quality time in repeated sittings in person with a competent and experienced Labor Consultant/Service Lawyer/Law firm, well versed with ‘Inquiry……………………Disciplinary Proceedings’ and show all docs on record and let your lawyer assess the merits and you may proceed under expert advise of your lawyer.
Your lawyer may opine that designation alone does not decide a worker shall be covered as ‘Employee’, ‘Workman’ and also you would be covered or not?
The Misconduct is well defined in ‘Standing Orders’ applicable to the establishment and so is ‘Disciplinary Action’ in Conduct and Discipline Rules’ and Natural Justice has to be provided.
I can see that the attached document is not covering the misconduct as pointed by company.
Your lawyer may suggest some remedies to you.
