I already sent a legal notice when they were putting pressure on me to accept the rating, I contacted a local lawyer and put everything in legal notice with sequence of events and to take revenge and get me out of the company the rating was given and once the legal notice was received i again had a call with my skip manager HR and legal team and post that they sent me an extremely long email saying I was not doing anything I was not doing basic responsibility as manager completely defaming me in an email and told me that this is interim response to my legal notice and after a week I countered all questions with email proof and policies and procedures I copied very senior level people including the CEO in the email response and immediately the next day I was terminated, but even after that I was terminated. I am at a manager level so labour court may not be applicable. Please request your honest and transparent suggestion as to what I do next. What I am feeling very bad is I will not get my bonus as I am not on payroll till 31st December and now do not have a job also. The termination letter says willful obstinacy and even after multiple discussions I did not accept the rating and as per employment agreement of termination of misconduct we are terminating you, sir I would like to know if challenging the rating challenging within the limitations of the rules and policies set by company can this be construed as Misconduct I am a Senior Manager and report in to director. The company says all manager should possess the skill of challenging status quo and I was challenging the rating as my manager never conducted any 1-1 and he was harassing my team members as well and me and previously I raised a complaint on him to internal committee team with all email proof but this case of closed saying we have taken necessary action. End of the day I am at loss because I was terminated and he escaped even after doing a lot of scams. I have also the following question. 1) What should I do next, send another legal notice for unlawful termination and asking to include me in Bonus 2) Should I approach labour court or high court as I am at senior manager level 3) Any approximate time and money it will take to bring all this to closure 4) While all this is happening I cannot be out of job so can I apply for other roles as I have lot of financial commitments and have to pay EMI
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1. Send another legal notice to the management for unlawful termination and not including you in Bonus.
2. Since you were in senior level, you should approach the High Court.
3. Time can't be quantified. However, it may take atleast one to two months.
4. Since you are not on the rolls of the previous company, you can lookout for a job elsewhere.
1) send legal notice to company regarding unlawful termination
2) if you are a senior manager labour court has no jurisdiction
3) apply for another job
If you have seen notice then approach labour commissioner office or labour court under appropriate proceedings
1. Since you have already sent a legal notice demanding some relief, if the relief is not forthcoming and you were terminated instead, so you can approach court directly seeking its intervention to set aside the termination and reinstate you for the reasons you rely upon in the grounds of the petition.
2. You will not be eligible to approach the labor court hence you can approach high court with a writ petition.
3. You can consult a lawyer practicing in high court and ask for further details.
4. It is your own decision, nobody can interfere in it.
Dear client,
Hopes this helps you
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Further, as per the Industrial Disputes Act, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.
- Hence, the said rating cannot be considered as a ground for disobedience and the termination.
1. Yes
2. If no positive response of the legal notice , then you can approach the tribunal for getting relief.
3. It may take short time ,
4. Yes.
