Termination of employment
The incument is a permanent employee at a very senior position directly reporting to the promoters of a public limited company. If as per the company policy in the annual peformance rating she has been rated as "X" she has to leave the organisation within one month. If she does not resign she will be terminated by HR. In such event what are the legal rights of a very senior executive of the company.
Also in a diffrent situation HR normally gets into a conversation and says that the company has lost confidence in their ability to manage their role effectively and would therefore request them to part ways and resign. Also simultaneously convey that if they do not resign they will be terminated.
Employees in both situations is not interested to continue witht the employment but would like to challenge the unilateral decision to terminate in both the cases.
What legal recourse is available to the employee?
Can she/he claim compensation? What should be the basis of compensation?
Are such wrongful terminations legally defensible?
Do you think this policy is fair? If not what is the recourse available to the employee at such senior level to claim from his employer