Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Meetkavits
Service

Hi All,
I carry a 9+ working experience in my life. Recently I joined a private company in July in Dehradun. Its a small startup. All of a sudden, they terminated me one fine day on false grounds without giving any hearing. They just sent me a mail and denied paying me one month salary which I already served. Also No notice/money in lieu of it has been given. They have no proofs for what they claim. I am mentally being harassed by them. Kindly help and advice what should i do. I went to police as well but it was of no use. This issue is causing me lot of distress.
26th September 2016 From India, undefined
Dear friend,
It unfortunate to note that what has happened with you. However, there must be some reason for your removal. What was your designation? Were you in good terms with the proprietor of the company? Did you press his wrong nerve albeit inadvertently? Did he get a feeling that he is deriving value that commensurate with your position? There cannot be smoke without fire.
Anyway sudden termination might have come bolt from blue. Going by the information that you have provided, a due process of law has not been followed. Therefore, at this stage you may approach Labour Officer (LO) of the area where your company is located. Explain your problem. Let us see whether labour authorities solve your problem. If not then come back to this forum again.
Thanks,
Dinesh Divekar
26th September 2016 From India, Bangalore
Dear friend,
It seems you are very naive or do not want to reveal facts but want advice. What is the designation you hold? Is your company a Ltd or partnership? How big in turnover and staff. What are the charges of that so called false grounds? What your appointment order says? All these relevant information are needed to make a comment on the issue.
26th September 2016 From India, Madras
@Dinesh @Rasikbhaikannan - HI, Thanks for writing to me. I worked in that company as a Brand Development Head. In this capacity, I used to develop new business ideas for the company. Its a partnership firm, a small and startup in April 2016, in real estate sector. So you can say actually currently there is no turnover for the company. The company has a bad name for hiring and firing and not paying peoples' salaries making one reason or the other.

Now, The thing is I was not like the environment of the company. Hence I was looking out for a change. Somehow the company owner got to knew about it hence thinking that anyways I would resign in near future he wanted to avoid me being paid so terminated me saying that I was leaking the company information. Now the point is I had generated a new idea for which I was preparing a business plan for the company. This idea I shared with one of my own know person seeking his advice. I shared him over the email. It was in a word format, in a draft form, and ofcourse since it was only a draft it was not neither signed, nor stamped, not on company's letter head or pdf form, nor possessed any authorised signatories sign. It was totally incomplete with no company's data or secret information. The secret information as it is cannot be there in the first place coz the idea was for starting a new company next year. So the company mentioned in this idea is not even incorporated or has any legal sanctity. It’s just a word right now. The company name itself is in idea mode only. Since my intension was never wrong so when they asked me about this mail I agreed that yes I shared since I wanted that person's advice.

Here, I would like to highlight that I have a decent and very nice background of 9+ years of working in good multinational companies and banking industry before in Gurgaon as Finance Manager where I had always been a top performer. Also my integrity holds in good spirit in all my previous employment which can always be cross checked with. Here also, this company had awarded me the employee of the month award few days before all this, so they could have never terminated me on grounds like non-performance which they had done with other staff. So they were just trying to look out avenues for not paying me. Considering the fact that sharing of ideas take place everywhere on phones, internet or email I do not found grounds in what they say. And more important point is that it was my own idea which I gave it to them. I was myself working on it. These people are so stupid they don’t even have any knowledge about it. Just because I had given my idea to them and was working on it now they say its their idea.

In this world no one has proof for saying whose idea it belongs. Have it been the fact, that someone else in the company was working on it and I had stolen it from other staff and then had sent it to someone outside belonging to competition I would have understand the point against me. Or In case the idea (which they claims theirs) when i shared outside was implemented by someone else even then the case rest against me. But nothing of this sort is there and the fact is that I myself was working on it and it was just in a draft & incomplete stage.

So what next should I do now ??? Should I approach Labour Office here in Dehradun ???? Please advice what best can be done. It’s not just about the money, but the fact is that these people need to learn a lesson that they can't just fool around with innocent staff.
27th September 2016 From India, undefined
This is your version of the story and the management would have its own version for its decision. Generally, we take decision first and find out justifications later. As an individual endowed with innovative ideas and managerial abilities you would have realized sooner or later that you didn't belong there after becoming a part of such a messy organization and would have been nurturing a tendency from the very beginning to go out at the most opportune moment. This would have been smelt by your boss and he utilized the e-mail episode as a ploy to send you out. Whatever the reason, the way he chose to send you out and his refusal to pay your last month's salary are not fair or legally correct. Making a complaint in this regard to the labour department may not be effective if your employer takes a tough stand on the legality of your complaint since you were employed in a managerial or purely supervisory capacity. Therefore, taking Civil action for violation of the terms of the contract of employment is the only proper course of remedy. Consider engaging a Service Lawyer and acting as per his advice for the recovery of the unpaid salary together with other damages for wrongfiul dismissal.
27th September 2016 From India, Salem
Hello,

Given that this Partnership Firm was started in April, 2016, you must have joined later....meaning your presence here was for just a few months.

And going by what you mentioned....that you worked earlier for various MNCs....not sure HOW/WHY you didn't do any checks before joining this Company to begin with.

Also, pl understand that Small Companies--that goes for most Startups too--are very obsessive about ANY Company-related info going out. What may be very small for you COULD be very critical for them. This is NOT a right/wrong issue at all--just a matter of perception. When the owners/founders aren't very sure of how things will take shape in the future, they tend to be guarding every info.

Coming to your line "Just because I had given my idea to them and was working on it now they say its their idea", I am not sure why you are surprised. ISN'T that what happens all over the world? Samsung & Apple were in a Billion Dollar spat recently for such very issue. And here you seem to have someone as your boss with excessive phobia about credits--or it could be plain & simple case of avoiding any future legal issues.

And about your last line "It's not just about the money, but the fact is that these people need to learn a lesson that they can't just fool around with innocent staff"........do you have that kind of time to spare to take these guys to Court & pay the lawyer, in all probability for a few years, in your eagerness to teach them a lesson?

As far as 'these people learning a lesson' is concerned, rest assured. Everyone gets to learn it...some the soft way [i.e. those who realize the mistakes & make amends promptly] & some the hard way.

Like I always say in CiteHR, "what the other guy does is NOT in your hands. What's in YOUR hands is how you respond to it". The choice is YOUR'S. And so are the consequences of the decision(s).

If I were you, I would forget about THEY learning the lessons & focus on ME learning my lessons from this experience & move forward in life. The money I lost here is the price I pay to gain this experience.

All the Best.

Rgds,

TS
28th September 2016 From India, Hyderabad
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