Dear seniors, Greetings.
My son named Pawan was working in Net 2 Source company as a Senior Manager Recruitment. Put up his resignation on 01 Feb 22 and cleared from the company on 30 Apr 22 after the completion of the notice period. After this he received a mail on backdated 22 Mar 22 that your employment is being terminated on the following grounds:
a) Performance issue.
b) Team Deliverables.
c) Process Adherence.
d) Negligence.
e) Data Mis Representation.
Upon termination, all benefits associated with this position will cease to be valid.
His salary for the last two and a half months was refused pay.
Before this termination, he never received any mail related to the reason for termination in the form warning or suggestions for improvement.
Kindly advise me whether we can challenge this termination or not. In my view, we should go because the proper procedure was not followed.
Thanks and Regards.
Laxmi Narain Yadav, HR Manager to Essma Felts Ltd.
From India, Delhi
My son named Pawan was working in Net 2 Source company as a Senior Manager Recruitment. Put up his resignation on 01 Feb 22 and cleared from the company on 30 Apr 22 after the completion of the notice period. After this he received a mail on backdated 22 Mar 22 that your employment is being terminated on the following grounds:
a) Performance issue.
b) Team Deliverables.
c) Process Adherence.
d) Negligence.
e) Data Mis Representation.
Upon termination, all benefits associated with this position will cease to be valid.
His salary for the last two and a half months was refused pay.
Before this termination, he never received any mail related to the reason for termination in the form warning or suggestions for improvement.
Kindly advise me whether we can challenge this termination or not. In my view, we should go because the proper procedure was not followed.
Thanks and Regards.
Laxmi Narain Yadav, HR Manager to Essma Felts Ltd.
From India, Delhi
Hi,
On the day of relieving 30 Apr 22 any relieving order or clearance form issued to him?
It is always advisable to collect some proof of relieving on the last working day
Definitely such termination can be challenged through civil courts. You can challenge the back dated termination through email.
From India, Madras
919On the day of relieving 30 Apr 22 any relieving order or clearance form issued to him?
It is always advisable to collect some proof of relieving on the last working day
Definitely such termination can be challenged through civil courts. You can challenge the back dated termination through email.
From India, Madras
In your post you had mentioned "After this he received a mail on back dated 22 Mar 22 that your employment is being terminated".
If your son received the communication through mail, definitely it should be considered with
a prospective date, that is the "sent date", as no one can send an e-mail with back date.
Even if, they scan their back dated communication as an attachment, you can challenge that
it is a clear-cut proof of victimisation.
As our learned member asked, have you received any relieving letter of resignation acceptance letter advising date of relieving. If available, then you have a very strong case.
From India, Aizawl
If your son received the communication through mail, definitely it should be considered with
a prospective date, that is the "sent date", as no one can send an e-mail with back date.
Even if, they scan their back dated communication as an attachment, you can challenge that
it is a clear-cut proof of victimisation.
As our learned member asked, have you received any relieving letter of resignation acceptance letter advising date of relieving. If available, then you have a very strong case.
From India, Aizawl
Even if he was terminated, they will need to pay for the days he has worked.
It is strange that they would issue a termination letter after he completed his notice period. It would make sense if they had done that before he did his notice period.
Since they allowed him to work after the termination, there is no grounds for not paying for his work.
The only reason for withholding salary would be if he was involved in any type of fraud causing damage to the company. Even then, they would need to justify the matter and can't take an arbitrary decision.
You can go to court, but remember that it is a long drawn process. You better speak to a good lawyer.
From India, Mumbai
It is strange that they would issue a termination letter after he completed his notice period. It would make sense if they had done that before he did his notice period.
Since they allowed him to work after the termination, there is no grounds for not paying for his work.
The only reason for withholding salary would be if he was involved in any type of fraud causing damage to the company. Even then, they would need to justify the matter and can't take an arbitrary decision.
You can go to court, but remember that it is a long drawn process. You better speak to a good lawyer.
From India, Mumbai
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Flexi Benefits Plan.doc
Termination-emp loyment_563.pdf