Wrongful termination?

They are legally right.

What is wrongful in it?

If you wish, you can take them to court, but you will not succeed.

Hello all experts,

                                 i have doubts on this kind of termination , this termiantion is illegal , any termination without proper procedure and chargesheet is illegal irrespective of workman or manager.

                               So Mr Ramachandaran g can further cite how the company legally right?

                              Regards

Dear Sir,

Did you not see the conditions before joining the job! Having joined the job with the conditions stated, now you are asking whether the conditions are valid or not. To clarify you, the conditions are perfectly legal. No Employer will indebt himself to his Employee forever and allow his employee to dicate terms and reserves the right to terminate, of course with a notice period. Your ex employer did exactly that. You have no case to proceed.

You may clarify; The termination order was verbal or in writing.

Or the said reason for termination alone was verbal !

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? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

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?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Generically speaking;

1. If the reason is stated in writing say; downsizing, retrenchment, position not required, redundancy etc then it may have some standing on part of company….

2. NO it is not. The employer may quote say; some clause of appointment letter or actual reason….Or IT may avoid so that order may not look stigmatic or may be contested on grounds of reason provided..

3. You (employee) may think to agitate but must avoid rushing for it..

The view and approach of Civil Courts, Labor Court may be different….

Therefore discuss  with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters having successful track record

Termination should be by a speaking order!

On the day you were terminated verbally (as per your post) did you stop attending office?

Did you record the verbal termination (audio/visual/witnessed/minuted)?

Was you entry card, or entry blocked?

Did you write to establishment that on dated……………..Mr/Ms………….designation……terminated you verbally stating reason as……….. ?

Did company provide you with salary slips of last month mentioning payment of notice pay, said compensation?

Company may ………..may claim that you stopped attending/absented/absconded/abstained and were terminated!

Has company employed someone else in your place for the same job/designation?

While you contemplate to agitate you may ascertain what is additional you can get say; from retrenchment compensation?

Is the company not open to provide you anymore compensation by negotiating?

Did you not discuss/negotiate the terms while accepting notice pay and additional one month salary?

Has company obtained acknowledgment/acceptance from you for these amounts?  Do you have copy?

If company has not issued any termination order has IT not issued service certificate, relieving letter?

If IT has issued both what is mentioned in IT for reason of separation?

Has IT not agreed to provide you clean BGV/reference check?

Are you un-employed?

Has company posted any adverse comments in BGV/reference check?

What would you get by getting termination order?

Have you discussed so far with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters having successful track record?

If yes what is the opinion of your counsel that has examined your docs, record and inputs in person?

The matter is entirely your personal prerogative and you may choose what is suitable to you after discussing with your counsel!

that is waht software job is.

WHne the job on which you were employed n more exists you have not place to be accommodated and have been rightly and honourably shown the way out.

Even in case of a govt servant (permanent ) with howsoever length of service he has no right to be in serivice.