Respected Sir/Madam,
I am Naresh Punshi. I was selected for the role of a Senior Store Manager for a Luxury Brand.
We were informed that there would be no payment during the 14 days of training; only travel compensation would be provided by the company. Before I could complete my training, I underwent unexpected surgery. The company delayed the insurance procedure for more than a week, resulting in additional pain and loss of pay for me. After a successful operation and a week's rest, I returned to work but was advised by the doctor not to work night shifts. Despite this, the store in-charge still insisted that I work night shifts. I agreed, as I had no issues. I had never been late for my shift and had no complaints about the supportive staff.
A week later, I learned that my Dad needed surgery, which was risky due to his previous angiography and angioplasty. I informed a colleague that I might be late due to hospital formalities. I managed to arrive on time. However, due to stress, I kept my phone with me and played a game on it.
While on the phone with my brother, who rarely calls, I was approached by a colleague who sarcastically reminded me not to use my phone on the floor. In a moment of frustration and based on previous experiences with him, I reacted impulsively and used inappropriate language towards him.
The incident was reported to the Regional Manager, and despite my apologies and explanation, I was terminated without a proper discussion. I relied on this job to pay my housing loan, and all seniors were aware of my situation. After being let go, I requested the travel compensation for training and salary for the days worked, as I dedicated long hours to the Brand and store.
However, HR informed me that no dues or salary were owed to me. When seeking clarification, HR refused to communicate over the phone. Now, I am not only requesting my dues but also compensation as per the law for being terminated without notice to find a new job.
I am uncertain if my request is valid or if pursuing legal action against the company would be worthwhile.
Your guidance is appreciated.
Sincerely,
Naresh Punshi
From India, Mumbai
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I am Naresh Punshi. I was selected for the role of a Senior Store Manager for a Luxury Brand.
We were informed that there would be no payment during the 14 days of training; only travel compensation would be provided by the company. Before I could complete my training, I underwent unexpected surgery. The company delayed the insurance procedure for more than a week, resulting in additional pain and loss of pay for me. After a successful operation and a week's rest, I returned to work but was advised by the doctor not to work night shifts. Despite this, the store in-charge still insisted that I work night shifts. I agreed, as I had no issues. I had never been late for my shift and had no complaints about the supportive staff.
A week later, I learned that my Dad needed surgery, which was risky due to his previous angiography and angioplasty. I informed a colleague that I might be late due to hospital formalities. I managed to arrive on time. However, due to stress, I kept my phone with me and played a game on it.
While on the phone with my brother, who rarely calls, I was approached by a colleague who sarcastically reminded me not to use my phone on the floor. In a moment of frustration and based on previous experiences with him, I reacted impulsively and used inappropriate language towards him.
The incident was reported to the Regional Manager, and despite my apologies and explanation, I was terminated without a proper discussion. I relied on this job to pay my housing loan, and all seniors were aware of my situation. After being let go, I requested the travel compensation for training and salary for the days worked, as I dedicated long hours to the Brand and store.
However, HR informed me that no dues or salary were owed to me. When seeking clarification, HR refused to communicate over the phone. Now, I am not only requesting my dues but also compensation as per the law for being terminated without notice to find a new job.
I am uncertain if my request is valid or if pursuing legal action against the company would be worthwhile.
Your guidance is appreciated.
Sincerely,
Naresh Punshi
From India, Mumbai
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Dear Naresh,
If you are being terminated from your employment, ask your HR to give you the termination letter. If you are being terminated, then full and final settlement has to be made. If the same is not being followed, you can go to your local labor court and tell them about the whole incident.
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If you are being terminated from your employment, ask your HR to give you the termination letter. If you are being terminated, then full and final settlement has to be made. If the same is not being followed, you can go to your local labor court and tell them about the whole incident.
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"And in the heat of the moment and due to some previous experience with him in that week and also on the day, I abused him. 'F@$K off'."
Reading the whole article, I feel you were punished excessively for a mere abusive word given the provocation and your own stress/strain. Write a letter to your top management explaining all the facts - your medical problems, your dad's operation, and why you lost your temper. They may take a kinder view of the whole situation. Alternatively, you can choose the legal route by challenging the termination and the fact that they are not paying your dues.
From India, Pune
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3180Reading the whole article, I feel you were punished excessively for a mere abusive word given the provocation and your own stress/strain. Write a letter to your top management explaining all the facts - your medical problems, your dad's operation, and why you lost your temper. They may take a kinder view of the whole situation. Alternatively, you can choose the legal route by challenging the termination and the fact that they are not paying your dues.
From India, Pune
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Thank you for your advice.
I have tried contacting the HR multiple times, but they are not in a cooperative mode. I have also contacted the MD and Director of the company, but no luck (no response). As per my working experience of 10+ years, I know that they owe me for the days I worked. Because of all that I am going through, I am demanding the company to pay me a month or two months' salary as a termination fee as they didn't allow me to serve a notice period nor did they hear me before deciding on termination. Both the HR and the Regional manager were aware of my and my dad's medical condition. They have made it clear that there are no dues to be paid to me.
How do I proceed further to send them a notice? What does the law say about compensation in this kind of situation?
Thank you for your advice.
From India, Mumbai
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I have tried contacting the HR multiple times, but they are not in a cooperative mode. I have also contacted the MD and Director of the company, but no luck (no response). As per my working experience of 10+ years, I know that they owe me for the days I worked. Because of all that I am going through, I am demanding the company to pay me a month or two months' salary as a termination fee as they didn't allow me to serve a notice period nor did they hear me before deciding on termination. Both the HR and the Regional manager were aware of my and my dad's medical condition. They have made it clear that there are no dues to be paid to me.
How do I proceed further to send them a notice? What does the law say about compensation in this kind of situation?
Thank you for your advice.
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf