Dear Sir/Madam,
My job was terminated by my Employer last year without any prior notice to me. I asked for an explanation from HR soon after I came to know of this but every time I was told to approach various people in the company. Now it seems the company has no explanation to offer beyond saying the matter will be taken care of by them. I am now feeling helpless and don't know how to tackle this crisis to save my career.
Could you tell me how to deal with this situation. Can I take any legal action against my employer to act on this issue and provide me relief.
Regards,
pradhan
From India, Hyderabad
My job was terminated by my Employer last year without any prior notice to me. I asked for an explanation from HR soon after I came to know of this but every time I was told to approach various people in the company. Now it seems the company has no explanation to offer beyond saying the matter will be taken care of by them. I am now feeling helpless and don't know how to tackle this crisis to save my career.
Could you tell me how to deal with this situation. Can I take any legal action against my employer to act on this issue and provide me relief.
Regards,
pradhan
From India, Hyderabad
Dear Pradhan,
The information that you have provided is not adequate. Confirm the following:
a) What was your designation, how many persons reported to you?
b) For how many months/years did you work in the current company? Were you probationer?
c) Did the company conduct any domestic enquiry before the termination? Presumably the enquiry is not conducted. Before your termination, did you get any warning letters on your poor performance? Did you get warning/show cause notice for any other reason?
d) Who told you that you had been terminated? What was the mode of communication?
e) On receipt of information about your termination, did you complete normal process of separation? Has your FNFS been completed? Did the company issue Service-cum-Employment certificate?
f) What you think is the cause of your termination? Did you breach any security? Did any woman employee complain against you for sexual harassment?
g) How were your relations with your managers? Why you did not get support from your manager?
h) How did you correspond with the HR professionals of your company after termination? Did you send them mails or was it on Telephone? Do you have any evidence of your communication with HR?
There are so many questions gentleman. Please confirm their replies. Meaningful suggestions can be given on receipt of your replies.
Thanks,
Dinesh Divekar
From India, Bangalore
7855The information that you have provided is not adequate. Confirm the following:
a) What was your designation, how many persons reported to you?
b) For how many months/years did you work in the current company? Were you probationer?
c) Did the company conduct any domestic enquiry before the termination? Presumably the enquiry is not conducted. Before your termination, did you get any warning letters on your poor performance? Did you get warning/show cause notice for any other reason?
d) Who told you that you had been terminated? What was the mode of communication?
e) On receipt of information about your termination, did you complete normal process of separation? Has your FNFS been completed? Did the company issue Service-cum-Employment certificate?
f) What you think is the cause of your termination? Did you breach any security? Did any woman employee complain against you for sexual harassment?
g) How were your relations with your managers? Why you did not get support from your manager?
h) How did you correspond with the HR professionals of your company after termination? Did you send them mails or was it on Telephone? Do you have any evidence of your communication with HR?
There are so many questions gentleman. Please confirm their replies. Meaningful suggestions can be given on receipt of your replies.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Dinesh thanks a lot for the quick response. Please find details below below...
a) What was your designation, how many persons reported to you?
My designation was "Lead Engineer" . Let me give you the background of this issue.
I was deployed at onsite last year. Then the client requested me to visit offshore and set up a team in Bangalore. For this assignment client agreed to pay me on US payroll as long as I would be deputed at offshore. So on this assignment I came to Bangalore and set up and trained a team of 6 people. Very unfortunately before I could return to US I was diagnosed with a major ailment which required me to later undergo a surgery. Due to this setback I spoke to management to consider deploying me at offshore and expressed my unwillingness to return to US. After this development I was expected to be released from onsite and transferred to offshore . But it didn't happen so I emailed HR and requested to get it done but HR asked me clarifications on many things and I had to contact onsite HR team to guide the offshore HR to get the transfer completed. Unfortunately this coordination never happened and I was stuck in limbo for about 4 months. In the mean time my salary was blocked and i could not report to any work location because the transfer never happened . Then I had to undergo a back surgery which prevented me from actively pursuing this issue with the company. During this time when I was recuperating my wife contacted many many time to both offshore and onsite HR team to take care of this issue but they did not take any action beyond a casual acknowledgement to her that they would take care.
Now I am in better health so able to take up this issue again. To my latest email I got a phone call back from one of the HRs and was promised action but I did not hear any update so called back again and got the same answer. It seems to me that everyone is quite aware of my case even though its been a while since i last spoke to them but no one wants to help.
b) For how many months/years did you work in the current company? Were you probationer?
I worked about 8 years in the company.
c) Did the company conduct any domestic enquiry before the termination? Presumably the enquiry is not conducted. Before your termination, did you get any warning letters on your poor performance? Did you get warning/show cause notice for any other reason?
I don t think any enquiry was ever conducted . I did not get any notice at all before the termination. As I have described i was not deployed to any project when this happened due to the pending request for a transfer to offshore.
d) Who told you that you had been terminated? What was the mode of communication?
I was never informed about the termination. I found out when i could not logon to the company website and told on further enquiry I was discontinued and my employment status was "withdrawn".
e) On receipt of information about your termination, did you complete normal process of separation? Has your FNFS been completed? Did the company issue Service-cum-Employment certificate?
I was never asked to complete normal process of separation. Most importantly company has not even provided my Service-cum-Employment certificate and my EPF documents.
f) What you think is the cause of your termination? Did you breach any security? Did any woman employee complain against you for sexual harassment?
I have not had any complaints against me on the above points. The termination happened soon after I asked for my W4 to file for federal returns from onsite HR . So it seems there are certain issues which became difficult to handle due to the negligence of some individuals in the company which has resulted in this delay to get me transferred. May be someone trying to cover their faults.
g) How were your relations with your managers? Why you did not get support from your manager?
I had good relationship with my manager . Since I worked from onsite I could not approach him for any help immediately. Moreover I i didn't realize then that this will become such a huge issue . Later when my wife wrote to him elaborately on my plight he did not respond .
h) How did you correspond with the HR professionals of your company after termination? Did you send them mails or was it on Telephone? Do you have any evidence of your communication with HR?
I have communicated mostly through emails and a few times through phone. I have all the emails in my inbox.
From India, Hyderabad
a) What was your designation, how many persons reported to you?
My designation was "Lead Engineer" . Let me give you the background of this issue.
I was deployed at onsite last year. Then the client requested me to visit offshore and set up a team in Bangalore. For this assignment client agreed to pay me on US payroll as long as I would be deputed at offshore. So on this assignment I came to Bangalore and set up and trained a team of 6 people. Very unfortunately before I could return to US I was diagnosed with a major ailment which required me to later undergo a surgery. Due to this setback I spoke to management to consider deploying me at offshore and expressed my unwillingness to return to US. After this development I was expected to be released from onsite and transferred to offshore . But it didn't happen so I emailed HR and requested to get it done but HR asked me clarifications on many things and I had to contact onsite HR team to guide the offshore HR to get the transfer completed. Unfortunately this coordination never happened and I was stuck in limbo for about 4 months. In the mean time my salary was blocked and i could not report to any work location because the transfer never happened . Then I had to undergo a back surgery which prevented me from actively pursuing this issue with the company. During this time when I was recuperating my wife contacted many many time to both offshore and onsite HR team to take care of this issue but they did not take any action beyond a casual acknowledgement to her that they would take care.
Now I am in better health so able to take up this issue again. To my latest email I got a phone call back from one of the HRs and was promised action but I did not hear any update so called back again and got the same answer. It seems to me that everyone is quite aware of my case even though its been a while since i last spoke to them but no one wants to help.
b) For how many months/years did you work in the current company? Were you probationer?
I worked about 8 years in the company.
c) Did the company conduct any domestic enquiry before the termination? Presumably the enquiry is not conducted. Before your termination, did you get any warning letters on your poor performance? Did you get warning/show cause notice for any other reason?
I don t think any enquiry was ever conducted . I did not get any notice at all before the termination. As I have described i was not deployed to any project when this happened due to the pending request for a transfer to offshore.
d) Who told you that you had been terminated? What was the mode of communication?
I was never informed about the termination. I found out when i could not logon to the company website and told on further enquiry I was discontinued and my employment status was "withdrawn".
e) On receipt of information about your termination, did you complete normal process of separation? Has your FNFS been completed? Did the company issue Service-cum-Employment certificate?
I was never asked to complete normal process of separation. Most importantly company has not even provided my Service-cum-Employment certificate and my EPF documents.
f) What you think is the cause of your termination? Did you breach any security? Did any woman employee complain against you for sexual harassment?
I have not had any complaints against me on the above points. The termination happened soon after I asked for my W4 to file for federal returns from onsite HR . So it seems there are certain issues which became difficult to handle due to the negligence of some individuals in the company which has resulted in this delay to get me transferred. May be someone trying to cover their faults.
g) How were your relations with your managers? Why you did not get support from your manager?
I had good relationship with my manager . Since I worked from onsite I could not approach him for any help immediately. Moreover I i didn't realize then that this will become such a huge issue . Later when my wife wrote to him elaborately on my plight he did not respond .
h) How did you correspond with the HR professionals of your company after termination? Did you send them mails or was it on Telephone? Do you have any evidence of your communication with HR?
I have communicated mostly through emails and a few times through phone. I have all the emails in my inbox.
From India, Hyderabad
Dear Pradhan, I know whatever happened to you is wrong, but Nobody can help you. Taking legal action is waste of time. Instead of wasting time, consider this as a bad dream and look for a new job.
From India, New Delhi
From India, New Delhi
Your termination is illegal as it is contrary to section 47 of AP Shops and Establishment Act as your work establishment is in AP and no reasonable cause of termination is shown by employer. Make a complaint to the inspector under the Act and explain the delay in making complaint, if any. Could you inform whether any employee worked under you, if none worked under you, you are having protection under ID Act also.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Sushil thanks for the reply. Could you elaborate on which authority I need to approach to file this complaint. Do I need need to hire any professional help to do so?
From India, Hyderabad
From India, Hyderabad
You have not replied whether you were working in the capacity of supervisor or at the grass root level as software engineer. If you worked as supervisor then make a complaint to Assistant Labour Commissioner under rule 25 of the Karnataka shops and establishment rules who is empowered to hear appeal against the dismissal under section 39 of the Karnataka shops and establishment Act. The appeal has to be filed within 30 days of removal and if delay has been caused, it has to be explained. It is better to engage professional if you can afford.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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