I am a probationer on a 45-day notice period since the 25th of SL. I duly informed HR verbally and sent a detailed email on the 1st of February. However, on the 8th of February, management forwarded three emails (disciplinary warning, absconding from work, and poor work delivery), which were sent to my official ID on the 2nd of February, to my personal ID. They claimed that I didn't respond until now and even withheld my January salary and threatened to sue me for damages.
I replied denying all the allegations and provided proof that I took SL because my mother suffered a heart attack and swine flu. Yesterday, I discovered that the emails he sent to my official email ID were not dated the 2nd of February. When management forwarded the same to me, they changed the date to the 2nd of February, and I can easily prove it.
When I inquired about this yesterday, he fired me this morning, claiming that I have been terminated for disciplinary issues, violation of the code of conduct, and underperformance, which cost the company a significant amount of money.
I KNOW I CAN EASILY PROVE THAT HE CHANGED THE DATE TO MAKE IT LOOK LIKE I DIDN'T RESPOND EARLIER.
Given this situation, can I sue him and claim damages?
From India, Chennai
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I replied denying all the allegations and provided proof that I took SL because my mother suffered a heart attack and swine flu. Yesterday, I discovered that the emails he sent to my official email ID were not dated the 2nd of February. When management forwarded the same to me, they changed the date to the 2nd of February, and I can easily prove it.
When I inquired about this yesterday, he fired me this morning, claiming that I have been terminated for disciplinary issues, violation of the code of conduct, and underperformance, which cost the company a significant amount of money.
I KNOW I CAN EASILY PROVE THAT HE CHANGED THE DATE TO MAKE IT LOOK LIKE I DIDN'T RESPOND EARLIER.
Given this situation, can I sue him and claim damages?
From India, Chennai
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Sorry, the first two lines were not clear.
I am a probationer on a 45-day notice period since 12th January, and from the 25th, I took sudden sick leave because my mother suffered a heart attack. I duly informed HR verbally.
From India, Chennai
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I am a probationer on a 45-day notice period since 12th January, and from the 25th, I took sudden sick leave because my mother suffered a heart attack. I duly informed HR verbally.
From India, Chennai
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Since you have now been terminated, you can challenge the termination before the court of law and ask for reinstatement and backwages.
From India, Kolkata
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247From India, Kolkata
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If I can prove that they manipulated the emails to their need, can that be considered as a breach of contract by the employer? Can I ask for compensation instead of reinstatement since I am already serving the notice period?
From India, Chennai
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From India, Chennai
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Legal Implications of Document Tampering
1. Tampering with documents, if proven, can amount to forgery or cheating depending on the circumstances, leading to criminal proceedings being initiated.
2. If you suffer any monetary damage or otherwise due to such document tampering, you can recover the same from the person causing the damage, provided that you can provide proof.
3. Steps 1 and 2 will be very difficult to prove, as well as time-consuming, and you will have to bear legal expenses too.
4. The court may consider that since you have accepted the resignation and are serving the notice period even though the documents were allegedly tampered with, your claim of document tampering may be seen as an afterthought to extract money from the company.
5. If you genuinely wish to pursue a case against the tampering of documents, then first object to the termination and challenge it.
6. Forget about everything and move on.
From India, Kolkata
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1. Tampering with documents, if proven, can amount to forgery or cheating depending on the circumstances, leading to criminal proceedings being initiated.
2. If you suffer any monetary damage or otherwise due to such document tampering, you can recover the same from the person causing the damage, provided that you can provide proof.
3. Steps 1 and 2 will be very difficult to prove, as well as time-consuming, and you will have to bear legal expenses too.
4. The court may consider that since you have accepted the resignation and are serving the notice period even though the documents were allegedly tampered with, your claim of document tampering may be seen as an afterthought to extract money from the company.
5. If you genuinely wish to pursue a case against the tampering of documents, then first object to the termination and challenge it.
6. Forget about everything and move on.
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Dispciplinary Action.doc