Dear All, I was working with a Pvt Ltd firm for the last three years and performed well during this tenure with the company towards my work and also got two promotions, but in Nov 2020 due to my medical illnesses, I decided to quit the duties and resigned through mail as till the time offices are not opened properly due to Covid 19, mentioning that due to medical issues I am unable to serve notice period but ready to pay the recovery amount in lieu of notice period but still my company terminated my services giving the reason of unauthorized absence when I was very much contactable on mail and mobile. Request you all to please guide me to get this termination revoked.
From India, New Delhi
Hr Professional
Management Consultancy


You will have to approach them explaining the whole background detailing your health background and the covid situation in your area as well as the resignation tendered by you, which has not been rejected. You can challenge the allegation of unauthorised absence by citing that there was no notice or opportunity given to you to explain your part against the charge. You can request them to accept your resignation on health ground and complete the full & final settlement process failing which you will resort to legal option available at the risk and cost to the organisation. Also endorse your statement claim including notice pay, leave encashment etc.
From India, Mumbai

Dear Sangita,
The termination on ground of un-authorized absence is not only vague and bad in eye of law. You first discuss (representation in writing) with the management and convey your feelings to consider resignation in lieu of termination.
You be ready to challenge the termination, if the management does not agree on your point. It matters a lot in this case which one is earlier, your resignation or the date of your termination.

From India, Mumbai

Hello Sangita,
You have a positive case in your hand, as you willingly put your resignation with a reason of not serving notice period.
The best solution to your concern can be, to first have a meeting with the management and explain the whole situation and request them to accept your resignation and complete your full and final by settling it with salary in lieu of notice.
Make sure you have the record of all the conversations done in this matter i.e avoid verbal communications.
In case the matter is still not settled, you can surely file a case against them, along with your medical reports to support your reason of resignation and the copy of conversations as a proof of un-acceptable behavior by the company.

From India, Noida

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