Navigating Employee Termination Processes and Legal Rights

Hi All,

My company (S/W IT) has informed me that I am being fired as the company is not doing well. It has been 3 weeks since our last communication. In the meantime, they have released my one-month advance salary as per the offer letter.

I have not received any official termination letter yet.

Am I still an employee of the company?

Can I inquire if, since I have not received any official termination letter, I am still eligible for all the benefits of the company up to now?

Can anybody suggest whether I should request them to provide me with an experience letter for two more weeks since I have not received a termination letter yet?

I was hired just 7 months ago, and they have severely impacted my career. I had several other job offers at that time, but now I am left with no job offer.

Regards,
Sachi

Hi Sachi,

Your message is not clear. I am unable to understand without any written document why you have discontinued attending your duties. I feel that you should have requested a letter to that extent or else asked to remain on the rolls until you find a good opportunity, even without pay. Not making any efforts from your side and now thinking of asking for benefits is not fair.

Now, they may claim that you have been absconding for so many days without any intimation, hence terminated, and will provide a termination letter/service certificate mentioning the reason for leaving as termination. Even now, you can approach them and try to convince them of your requirements.

Regards,
Kameswarao

Hi Kameswarao,

For the past 2.5 months, they have asked me to stay at home as there was no requirement at all. My company was in Hyderabad, and they recruited me for the Noida location. I was helping them from home until 22nd May. Then I received a call from my manager informing me that due to the company's poor performance, I am being terminated. They have also blocked my email. I was waiting for my salary, which was supposed to be released on 6th June. Now, it is difficult for me to convince a new employer about my termination.

What steps should I take next?

Dear Friend,

You just received a phone call about being terminated. No email communications? No documented proofs? How come you did not take any measures in going and meeting in person to get all final documents?

I'd suggest you go and meet them in person and ask for a letter stating that you have worked there for a while. Also, ask them to issue a letter recommending your performance. As mentioned above by Mr. Kameswarao - they can easily say that you absconded (i.e., if you don't get the proof of your work and termination).

Don't blame this company for not choosing you to continue working with them. There were reasons why you opted for this company when you had many offers in your hand. What happened to your decision-making? Your due diligence?

Regarding your next employer - clearly state the facts of why you lost the job. That is, show proofs of your work and performance recommendation that you can request from this company (S/W) and provide it as a fact for interview purposes.

Good Luck! Take initiatives to get the documents ASAP!

Dear Mr. Kamesh/Sachi,

We can't strike off anybody without a termination letter. Due to absconding, we also can't strike them off. They may present a medical certificate as well. So, Miss Sachi, continue your job and ask for a termination letter if required; after that, take legal action.

With regards,
Rajesh Chauhan

As an HR manager, I will not employ anyone who tries to convince me during an interview that they were dismissed from a job through a mere telephone call. Our dear friend needs to clarify the company's intentions when they received a call instructing them to stay at home. As Asha mentioned, performance recommendations are important, so it is advisable to contact your previous or current employer to confirm your last working day and the terms of your departure. Good luck.

Dear Sachi,

If there is no written communication made to you, you are, as per law, an employee of the company.

However, there are certain things that you have not made clear. The question that arose for me is: Were you on probationary period at the company or were you a confirmed employee?

If the answer to the question is yes, there is no measure that needs to be taken.

But if the answer is no, you can still continue to go to the office and work on the regular payroll, and ask for the salary until you have received the official termination letter.

There are also certain measures that can be taken care of by going through the offer letter from the company. There are chances that there are hidden clauses in the letter.

Make sure the ball is in their court every time you make a decision.

Do not worry, things will be just fine, and have faith in yourself. There are lots of jobs in the market; the only thing we need to do is find out where...??

I hope this will ease you a bit and help you take proper and guided steps.

Dear Sachi,

Once management has decided they will not keep you on the job, you have just completed 7 months of service, and management has all the right to terminate you by paying one month's salary, which they have done. Why are you insisting on a termination letter? A termination letter may give a bad impression to a new employer. In my view, you should talk to them, submit your resignation, and take an experience letter peacefully. Do not go for litigation; otherwise, you will be the only loser.

Regards,
JS Malik

Make a right move by sending them a letter asking for the status quo of your employment with them. Remember to send it in hard copy with registered mail and keep a copy for yourself. Then, they will either confirm your termination or remain silent. In either case, wait for 10 days and then send them a show-cause notice if you are competent enough. You can also seek help from a legal drafting person (e.g., an Advocate). Send a copy to the labor commissioner or conciliation officer of the state labor department. Most importantly, do not ask for any compensation; only demand your reinstatement with all backdated salary and dues.

If the management remains firm in their decision, the last resort will be to sue them either directly in a court of law or through the labor department.

Prior to challenging them in court, consider the pros and cons for your future. Can you conceal the period of your employment with the concerned company? Good luck to you.

I completely agree with Malikji. A termination letter would not help you build your career with any other company. It's always better to have the experience and a relieving letter.

Thanks,
Anil

Dear Sachi,

I believe that Mr. Malik is right. You should do as suggested by him in the above post.

All the best,
Avinash