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Susmit Das   07 April 2023

Termination based on unsubstantiated allegations

I worked at a consultancy firm in Meghalaya (which has its main office in Kolkata) for 3 months (December to February) after which i was fired citing poor performance. The probation period itself was 3 months so once my work was over, i was formally called over to work in Kolkata. Please note that my probation period was spent in Meghalaya. i was supposed to start on 20th March at the kolkata office and left Meghalaya on 3rd march via flight. On 5th march, the HR along with my two managers did a sudden performance review where both my managers falsely accused me of consuming narcotics in Meghalaya, sharing company documents to other stakeholders, harassing a female collogue and risking the safety of my teammates. Subsequently, HR told me to resign citing poor performance. I refused and filed a complaint with the Disciplinary action committee (DAC) the very next day against the manager who made the allegations. 3 days later, the DAC published an order saying that the managers had failed to provide any proof for the allegations and subsequently asked him to apologize formally, which he did via mail. A day later HR calls me up and says that she has read the DAC order but would still not want to work with me as upper management is not satisfied with my performance. When i refused, i was handed a termination letter on the same day. 

what should i do in this scenario? what options do i have should i approach the labour court, considering this is a private firm we are talking about?



Learning

 4 Replies

Dr J C Vashista (Advocate)     07 April 2023

Contact and consult a local prudent lawyer practicing service matters for better appreciation of facts / documents (appointment letter containing terms and conditions of service / probation etc.) professional advise and necessary proceeding if you want to teach them a lesson and / or continue with the same company.

Real Soul.... (LEGAL)     07 April 2023

You should file a writ petition and since they have committed a mistake to indict you falsely which proved against them, so you have material of being targeted for none of your faults and their intentions were revealed like that so you can seek compensation. Even you can issue Legal Notice for defaming you against the managers who accused you falsely .

Susmit Das   07 April 2023

in that case, how long do i legally have to file a case? and what procedure should i follow? im obviously going to consult a lawyer but would like some preliminary counsel as well

T. Kalaiselvan, Advocate (Advocate)     08 April 2023

You cn file a writ petition challenging the illegal termination and seek direction to the employer to set aside the termination order and to reinstate you with full back wages.The process, time taken for disposal, court fee, lawyer's fee shall be informed by  the lawyer who handles this matter before high court in the writ side 


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