Riteshmaity
Labour Law Advocate
ArunRaja.b
Senior Software Developer

I am a probationer on 45 days notice period since 25th SL, duly informed HR verbally and sent a detailed email on 1st Feb.

But on 8th Feb, management forwarded 3 emails(disciplinary warning, absconding from work and poor work delivery), which were sent to my official ID on 2nd Feb, to my personal id and claimed that I didn't respond till date and even withheld my jan salary and threate Ned to sue me for damages.

I replied denying all the allegations and provided him proof that I took SL because my mother suffered heart attack and swine flu.

Yesterday I found that the emails he sent to my official email id was not dated 2nd Feb and while forwarding the same to me, management changed the date to 2nd Feb and I can easily prove it.

When I asked about the same yesterday, he fired me this morning claiming that I have been fired for disciplinary, code of conduct and non performance which costed company a great deal of money.

I KNOW I CAN EASILY PROVE THAT HE CHANGED THE DATE TO MAKE IT LOOK LIKE, I DIDNT RESPOND EARLIER.

For this cause, can I sue him and claim damages?
Sorry first two lines where not clear.
***I am a probationer on 45 days notice period since 12 Jan, and from 25th I took sudden SL because my mother suffered heart attack, and duly informed HR verbally.
Since you have now been terminated, you can challenge the termination before the court of law and ask for reinstatement and backwages.
If I can prove that they manipulated the emails to their need, can that be considered as breach of contract by employer and I can ask for compensation instead of reinstatement since I am already service notice period?
1. Tampering documents, if proved, can amount to forgery/ cheating depending on circumstances for which criminal proceedings can be initiated.
2. If you suffer any monetary damage, or otherwise, for such tampering of documents, you can recover the same from the person causing such damage provided that you can prove.
3. Step 1 and 2 will be very difficult to prove as well as time consuming and you have to bear legal expenses too.
4. Court may think that since you have accepted the resignation and serving notice period even though the documents were allegedly tampered, your plea of tampering of document is nothing but an afterthought to extract money from the company.
5. If you really wish to have a case against the tampering of documents, then first object to the termination and challenge that.
6. Forget about everything and move on.
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