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Prince163563   26 June 2024

Termination as a retaliation

I was working as a manager in a public limited company.

The company was laying off so many employees. They were forcing people to resign on a threat that if you don't resign they will terminate you and that would spoil your future.

I filed a complaint to the internal disciplinary committee of the company that HR is forcing me to resign and also asking me to return the bonus amount that the company paid me at the time of joining.

The committee acknowledged the complaint and assured an investigation into the matter. I was called for a meeting and my statements were recorded by them. After 2 weeks the committee gave me a reply that the investigation has been concluded and your HR will connect with you for further steps.

I asked the committee about the details of the investigation and what action they took. There was no reply from their side.

In the evening again HR forced me to resign on the threat of termination. I was always ready to negotiate but the company was not ready for it.

 

In the evening I received a termination letter from HR that the company has the right to terminate your employment as per your appointment letter without assigning you any reason. 

I am feeling cheated. I also think that this is a retaliation against me for raising a complaint against HR.

 

Can someone guide me on my legal rights? Am I eligible for severance pay? and can the company claw back my bonus in such kind of termination?

 



Learning

 2 Replies

P. Venu (Advocate)     26 June 2024

Certainly you can take up your grievance in the appropriate forum - in a civil court, in the instant case. However, it is unlikely that there could be any immediate relief. It may incur expenditure as well suatained acumen. 

T. Kalaiselvan, Advocate (Advocate)     26 June 2024

You can file a civil suit for mandatory injunction against them to set aside their termination orders and to direct them to reinstate you with back wages. 

You cannot approach labor forum because you don't fall under the labor category. 


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