I was there for 24 years! And one fine day, I was terminated at the end of the day without giving me any notice or any warning letter (No warning letter in 24 years). The reason cited was the litigation of my spouse with the organization. As they tried to bully me into submission for dropping all the litigation first before starting any communication with me regarding my F&F and experience letter. The threat of my termination was verbal only and late evening, an email citing 'Termination Letter' as the subject was mailed to me. In their hurry to unsettle me, the accompanying letter was citing discharge - discharging me from the services of the company. Next minute, they tried to amend the email, first by recalling it and remaining unsuccessful in that, they sent another email citing discharged from services. The next days, even with my repeated efforts, they refused to settle my account and blatantly refused to give the experience certificate, openly citing to finish my career till I negotiate the litigation of my spouse first.
The HR manager was even more courageous to say that all my F&F will be sent to Assistant Labor Commissioner (ALC) and I have to collect from his office. Site management went one step further by displaying my photograph on the security gate just to defame me. As my pleadings were not getting answered, I moved on and got employed at a much better position in another organization (I am good in my profession). After almost three (03) months, they sent part payment to my bank account without even letting me know the details. I approached their global whistleblower platform to let them know my plight, as they were having people as the first priority in their much-advertised organization policy. They did nothing. In-between they did something really horrible with my reputation of 24 years.
Now after more than two years of separation from them, I want to reclaim what is mine. Can the members suggest what options I am having now and/or shall be exercised? I stay eternally positive here. And open to all comments.
From India
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The HR manager was even more courageous to say that all my F&F will be sent to Assistant Labor Commissioner (ALC) and I have to collect from his office. Site management went one step further by displaying my photograph on the security gate just to defame me. As my pleadings were not getting answered, I moved on and got employed at a much better position in another organization (I am good in my profession). After almost three (03) months, they sent part payment to my bank account without even letting me know the details. I approached their global whistleblower platform to let them know my plight, as they were having people as the first priority in their much-advertised organization policy. They did nothing. In-between they did something really horrible with my reputation of 24 years.
Now after more than two years of separation from them, I want to reclaim what is mine. Can the members suggest what options I am having now and/or shall be exercised? I stay eternally positive here. And open to all comments.
From India
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Hi,
What do you mean by "litigation of my spouse with the organization"? It is not clear. Did your wife proceed with any legal action against your employer? Not clear.
Still, the way you were shown the exit door is not right after 24 years of continuous service. There should be some underlying issue between you and your employer. You can provide more details for members like us to comment.
From India, Madras
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1015What do you mean by "litigation of my spouse with the organization"? It is not clear. Did your wife proceed with any legal action against your employer? Not clear.
Still, the way you were shown the exit door is not right after 24 years of continuous service. There should be some underlying issue between you and your employer. You can provide more details for members like us to comment.
From India, Madras
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My spouse was also an employee of the same company for 23 years. She was terminated on grounds that are being challenged as per the laws of the land. As she entered into litigation over this matter, the company attempted to settle with me. Their intention was to involve both of us in legal proceedings, potentially leaving us without a stable source of income, a situation I managed to avoid at that time. I am currently exploring some options.
From India
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From India
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A civil action lies for getting back the amounts that are due as well for claiming damages on more than ground, for illegal termination and tarnishing your reputation included.
From India, Kochi
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From India, Kochi
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Hi,
The background of your case seems very complex. This should have been challenged at the time of your exit itself. Hope you are preserving the copy of all communications that took place at the time of exit. Now you can demand your statutory dues, including full and final settlement and gratuity, from your ex-employer. Draft a request letter and send it through Registered Post with Acknowledgement Due (RPAD). I suggest you resolve this amicably with your ex-employer without escalating it to a legal forum to the maximum possible extent. Your ex-employer cannot deny statutory benefits like gratuity and FFS. Your silence for 2 years is an added factor for your ex-employer. Still, you can knock on the door.
From India, Madras
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The background of your case seems very complex. This should have been challenged at the time of your exit itself. Hope you are preserving the copy of all communications that took place at the time of exit. Now you can demand your statutory dues, including full and final settlement and gratuity, from your ex-employer. Draft a request letter and send it through Registered Post with Acknowledgement Due (RPAD). I suggest you resolve this amicably with your ex-employer without escalating it to a legal forum to the maximum possible extent. Your ex-employer cannot deny statutory benefits like gratuity and FFS. Your silence for 2 years is an added factor for your ex-employer. Still, you can knock on the door.
From India, Madras
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I approached them in between, but they sent me a legal notice not to communicate with them! At that time, I kept quiet as the survival of my family was more important to me. They want me to go the legal way. But now, I am in a better financial position and can take the bull by the horns! I have already sent the communication through registered post and am expecting a response. In the absence of a response, what are the options now?
From India
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From India
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The communications are all intact and with me... And only I communicated. They shunned my e-mails like anything and never responded back in mails. Documentation is one of my strength.
From India
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From India
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Hi,
If they are not ready to resolve it amicably, then the last remedy is only legal forum. It is advisable to appoint a Labour Consultant, preferably retired Additional/Joint/Assistant Commissioners of Labour who practice as consultants. They will be able to assist you for sure.
From India, Madras
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If they are not ready to resolve it amicably, then the last remedy is only legal forum. It is advisable to appoint a Labour Consultant, preferably retired Additional/Joint/Assistant Commissioners of Labour who practice as consultants. They will be able to assist you for sure.
From India, Madras
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Dear colleague,
It is high time now for you to knock on the doors of justice as you have waited too long in vain. However, before approaching any authorities under the Industrial Disputes Act, thoroughly examine your status to determine whether you are a 'Workman' or belong to the Supervisory/Managerial category. Under labor laws, your case will entirely hinge on the determination of this single point. Otherwise, you may explore approaching the Civil court after obtaining expert legal opinion.
Vinayak Nagarkar HR Consultant
From India, Mumbai
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It is high time now for you to knock on the doors of justice as you have waited too long in vain. However, before approaching any authorities under the Industrial Disputes Act, thoroughly examine your status to determine whether you are a 'Workman' or belong to the Supervisory/Managerial category. Under labor laws, your case will entirely hinge on the determination of this single point. Otherwise, you may explore approaching the Civil court after obtaining expert legal opinion.
Vinayak Nagarkar HR Consultant
From India, Mumbai
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Dear anonymous friend,
Everyone in this forum can understand the pain caused to you by the ignominious exit and illegal denial of terminal benefits by your ex-employer for no fault of yours. As rightly observed by Mr. Vinayak, the remedy lies in the job position you held in the previous organization and the possibility of condonation of the delay between the cause of action and the claim.
From your successive posts, I infer that you might have been employed in a managerial cadre position before your exit. As such, you can claim damages from the employer for breach of the employment contract through a civil court. For your gratuity, it would be better to file a claim before the Controlling Authority under the Payment of Gratuity Act, 1972, for the area where you last worked.
I hope this information helps you in pursuing the rightful resolution of your situation.
Best regards,
[Your Name]
From India, Salem
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Everyone in this forum can understand the pain caused to you by the ignominious exit and illegal denial of terminal benefits by your ex-employer for no fault of yours. As rightly observed by Mr. Vinayak, the remedy lies in the job position you held in the previous organization and the possibility of condonation of the delay between the cause of action and the claim.
From your successive posts, I infer that you might have been employed in a managerial cadre position before your exit. As such, you can claim damages from the employer for breach of the employment contract through a civil court. For your gratuity, it would be better to file a claim before the Controlling Authority under the Payment of Gratuity Act, 1972, for the area where you last worked.
I hope this information helps you in pursuing the rightful resolution of your situation.
Best regards,
[Your Name]
From India, Salem
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Thank you for all the advice. As the organization wanted me to take the legal route (they sent me the legal notice earlier, at the time of separation), I avoided the same as it means falling into their trap and denying the opportunity for employment. I was way above the Manager over there, and they put every effort into communicating with my current employer by badmouthing me through registered post. I survived that by being upfront with my current employer in the first meeting itself. I have a copy with me of that communication. They tampered with my name in the EPF account, and I handled that, having proof of it. They reported me to the authorities, and I have proof of that too. And what not! Regarding legal matters, I will only resort to it as a last option but am positioning myself for law studies. Sometimes, I have to stand up and show the mirror. By the way, some of the world's firsts are credited to my name through that organization, and I am still proud of that association.
From India
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Termination-emp loyment_563.pdf
Termination letter.doc