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My company (startup of 40 people) terminated my employment last week abruptly without any prior written or oral warning. The reason cited was non-performance. They are also saying that they will not pay me the notice period pay which was 2 months, as was mentioned in the employment contract. It said if I resigned I had to give 2 month notice, and same was applicable for company on termination. That is if they terminate me, they will pay 2 months of salary. There have been 4 similar precedences in last 4 months and they have paid everyone 2 months of salary (I have that proof as well) now in my case they are creating an exception.
My questions are -
If I take this to court can I get my two months of pay from them?
Are there any things/clauses that may hinder this (I mean can they forge any information or do something unethical to win the case) ?
Typically how long such cases last and what is the fastest way to resolve this?
Thanks in advance

From India
To answer your question, the following info is required:
a) How old is the Co; What business they are in . and what is the nature of your appointment - temporary, permanent and contractual
b) How long you have been with the Co.; How did you get apponted - through direct recruitment or any employment agency?
c) What is the nature of your job.
d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity and delivery schedule
e) Did you have any problems with reference to you job, colleagues and superiors - If so what actions were taken by management and you to solve these problems
f) All other relevent data including the appointment order - Please delete the Co's name and the Name of the Appointment Authority or anything else which will specifically identify the Co.
Dr. T. Thomas

From India, Bangalore
Thanks for the reply. Here are answers to your point -

a) How old is the Co; What business they are in . and what is the nature of your appointment - temporary, permanent and contractual

The company is 5 year old and is a private limited firm. My appointment was permanent/full time and I was working as Manager. They are into business consulting.

b) How long you have been with the Co.; How did you get apponted - through direct recruitment or any employment agency?

I have worked for nearly one year. Recruitment was through employee referral, so you can say direct

c) What is the nature of your job.

Nature of job was to manage projects, business development etc but it kept varying very regularly due to company requirements

d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity and delivery schedule

Yes, my last performance rating was 3/5 which was held in December. That means strong performer and meets all expectations. Also I have been clocking 8 hours plus everyday in office and have good camaraderie and reputation with colleagues. Last day I had some conflict of thoughts with the CEO and next day I was fired, kind of a personal revenge I would say. No showdown or derogatory comments/mails were exchanged and everything happened politely. There are also no performance related warnings received by me before termination.

e) Did you have any problems with reference to you job, colleagues and superiors - If so what actions were taken by management and you to solve these problems

There were no problems at all as mentioned above. The firing was due to personal revenge and ego issue is what I feel.

f) All other relevent data including the appointment order - Please delete the Co's name and the Name of the Appointment Authority or anything else which will specifically identify the Co.

attribution https://www.citehr.com/491865-not-ge...#ixzz306JWdaW1

appointment letter states normal things like designation and joining date etc. There was a TnC document which had this 2 month mutual clause, and as I said before me 4 more people have got 2 months pay on termination, so there is no reason I should not get it.

Look forward to your reply

From India
Accepting prima facia the info provided by you, it appears beyond reasonable doubt that the Co. has been unreasonable and terminated you out of personal revenge and ego issue. If this is true as claimed by you, the Co. has been very unreasonable and unbecoming in this regard. The legal definition of a co. is that it is "An Artificial Person created by law" and that it is entirely different from the persons promoting/managing it.

You have every right to sue the Co. for recovery of your dues along with additional amount for the mental agony caused to you. However before that it is essential for us to take up the matter with the Co. itself.

You must send a letter to the Manager/HR Dept. staking your claim for the 2 months salary as per the appointment order. You can also mention to them that "your last performance rating was 3/5 which was held in December. That means strong performer and meets all expectations. Also I have been clocking 8 hours plus everyday in office and have good camaraderie and reputation with colleagues". You can also mention that "There was a TnC document which had this 2 month mutual clause, and as I said before me 4 more people have got 2 months pay on termination, so there is no reason I should not get it.". You must deliver the letter either in person or through Registered Post/Courier with acknowledgement. Getting acknowledgement is extremely important since it is your supporting document for legal action.You neednot mention anything about legal action at this stage lest we lose our "steam". I'm sure that at least there is 90% chance that your issue will be settled.

In case they reply you in the negative or sleep over the letter, you must send an additional reminder after about 10 days. At this point you can mention that "in case my rightful claim is not aceeded to, I will be constrained to take legal action to enforce my righful claim". With this your success probability would increase to 95%. In case there is no positive response, you can contact a lawyer for legal action. If your claim is legally valid you can recover the full amount along with costs and damages. Nobody can play any mischief to deprive you of your rightful claims.

I trust that your claim will be realized soon.

ALL THE BEST.

Dr. T. Thomas.

From India, Bangalore
Dear Sir/Madam,
What is definition of permanent employee.I checked my confirmation letter(i am confirmed employee since 4 years) wherein they have mentioned that they can remove us any time by giving one month salary or notice.Same policy is applicable to all companies for permanent employees.
Then what is use of confirmation letter ????????
Best Regards,
Sales Surplus

From India, Mumbai
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