Wrongful employment termination

There could be several grounds on which such issue could be challenged. First of all, the bye-laws of the Sexual Harrassment Committee can be explored and looked up if there is some inconsistency with regard to the procedure, constitution, process, decision etc. 

Moreover, you could appeal against the same decision in the appropriate tribunal or forum, with respect to the service rules applicable to you.

If you succeed in the case, definitely you can claim a decent compensation and damages for the injury to your reputation as well as your career. However, it can't be guaranteed that you would succeed only. Hence, you will have to probably engage a capable counsel and analyse your case critically and figure out if it would really be worth the effort or not, or you could gather as much as legal opinion about it and decide for yourself.

Do you mean to post that despite your reply and evidence the company has contradicted?

If yes, has company shared any evidence on the basis of which it has concluded termination?

The termination order is subsequent to so called inquiry/investigation whatever it is, and from your post it seems that it i stigmatic.

It is not clear how do you presume that company has given you clean certificate.

During BGV refernce check the company may open personnel file  and report th exact reason.

 

 

 

Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in service matters for a considered opinion.

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

 

 

I had one and only meeting in the beginning with the Sexual Harassment Committee where I was helped in recording my statement which after making changes I had submitted as 'Acknowledged' statement per HR telling me to do so. There had been no evidence against me which HR had acknowledged and none have been provided to me. After a week the Company has unilaterally terminated me with the reason exact verbiage on my first post as is on the termination letter along with giving me clean 'Experience letter' for the duration of employment and along with it 3 months of salary. They wanted me to sign the letter accepting 3 months pay and giving consent that there would not be any claim filed by me in future.

Originally posted by : Sanjay
	I had one and only meeting in the beginning with the Sexual Harassment Committee where I was helped in recording my statement which after making changes I had submitted as 'Acknowledged' statement per HR telling me to do so. There had been no evidence against me which HR had acknowledged and none have been provided to me. After a week the Company has unilaterally terminated me with the reason exact verbiage on my first post as is on the termination letter along with giving me clean 'Experience letter' for the duration of employment and along with it 3 months of salary. They wanted me to sign the letter accepting 3 months pay and giving consent that there would not be any claim filed by me in future.

 

Were you given a typed statement? Apparently you have NO evidence for it also.

Has HR person acknowledged in writing that there is NO evidence against you? Apparently NO.

The said experience letter with no insertion of termination may/may not be of any use as during BGV exact reason/investigation may be revealed.

Do you have an evidence say; CCTV footage with audio that you were not involved and wre innocent?

It is entirely your call to pursue the matter in a manner suitable to you.

 

I had submitted a typed statement. So, this is where my question- Is my Company wrong in terminating me based on allegations(when it's not proven) and citing misconduct. Do I have a case where I can sue the Company and make them pay some heavy fine.

If you are not at fault, are not given proper and natural hearing, the inquiry is sham, the termination is bad then you can agitate....................

Award by court of law is pleasure and discretion of court. 

Court decides on facts and merits.

Ofcourse, they have to give adequate reasons for terminating you and mention the grounds and supporting evidence in the same concern. If you are not satisifed with the same, it is in your due right to appeal against the said decision. A reasonable case can be made out on your behalf citing the practical realities of the events in which the harassment was particularly complained of, and your particular role on it and the proportion of the punishment imposed with regard to the responsibility, whatever it be.

Principles of Natural Justice are a principal guiding factor for such committees to decide the cases. It definitely follows up that proper justification should be handed out to the aggrieved. 

Does your contract of employment has some clause on Arbitration also!

There is no clause of Arbitration.

In that case role of arbitrator per arbitration clause can not be imposed.

The facts of the matter can come out during reference check/BGV.

Spend some quality time alongwith all docs on record with local counsel as already suggested and understand all options and merits. 

Please recommend lawyer in pune who comes with reputation and can aggressively handle my case.

Preferably check at Labor Court/CGIT, Civil Courts and chose.

The employee's/trade unions leaders, elders of your family,well wishers,colleagues, DBA officials etc can guide you.

Once you inquire you need to firm up your fee,T&C etc on your own.