RAMJI BAJPAI 21 March 2016

Termination due to wrong blame

Dear Sir,

I just need an answer that I am working with an organization since last 6 years and now a days I am the second most senior of the office but due to some wrong blames by the others, the compnay said to me that please resign of compny will terminate with immidiate effect.

The issue was happened on 5 March 2016 and I was off from the office from 7 March 2016 for one week.

In 8th March, my manager called me and said that come to the office immidiately, a user had lost his money and office boy saw you at the suspect position but nobody can gave solid proof with the issue.

I know that I'm not taking that money. They send the complain to the company and compnay and compnay asked me to resign.

Now please give me the suggestion that what should I do, when the blame is not correct as per my concern?

If I give resign than it will confirmed that I was guilty, but I know that I'm not and is it possible to ask 3 month's salary in the condition of termination.

My february salary already processed.

Please ask me anythingg else needed and give me the solutions.

Regards, Ramji

Reply Follow

5 Replies

Kumar Doab (FIN) 21 March 2016

The management has not levelled any allegation on you and has not issued any show cause notice.

The maangement has asked you to resign immediately.

If you resign with immediate effect then you shall tender notice pay and not the company.

Do you have any proof that you were asked to resign: (audio/visual/witnessed/minuted)?

You may tender 90days notice of resignation and let company accept it from any date.

However it shall be beter to show all employment related documents e.g. offer letter/appointment letter, all rules/policies mentioned in appointment letter, Service rules and regulations, conduct and discipline rules etc to an able counsel specializing in labor-service matters, before you act on your own.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 21 March 2016

Sir,

File a defemation suit against them and claim lumpsum for the harrasment caused to you.

Warm Regards

Kapil Chandna Advocate

9899011450

RAMJI BAJPAI 22 March 2016

Thanks Kumar sir and Kapil sir for reply, actually the current condition is that there is no any conversation with company, my conversation is continue with my project manager on the behalf of the company and right now he asking me to file a resignation letter to the company. I have manager's conversation recording. Can you please tell me that if I give resignation due to this wrong case than they have confirm that I was guilty and I know that this is not fair thing according to my self respect. Please tell me that what can company do when I'm not resign. If they terminate me immediate than what should I do..? As per my previous manager said to me that they can transfer you to another location which is not suitable for me.. is it possible? if yes than what should I do.? will they create any problem with my PF or ESI.? I am sorry to bother you sir.. actually I have many question on my mind and don't know what should I do in this case because its happen first time on my past 7 years professional career.

Regards,

Ramji Bajpai

RAMJI BAJPAI 22 March 2016

If I need to file any type of complain regarding this than where I can file..in the case of labour court or defemation suit and what is the total cost will charged and what is the process to do.

Regards,

Ramji Bajpai

Kumar Doab (FIN) 23 March 2016

All queries and even adittional can be answered by an able counsel specializing in labor-serice matters after examining your employment related documents and inputs by you.

You will need evidence that can help you in case compnay resorts to termination/transfer to get these termed bad/malafide.

Your counsel can structure your representations that you might have submitted or that you should submit and build suitable ground for you.