How Can I Take Action Against My Ex-Employer for Unfair Dismissal and Notice Period Violation?

Dear Sir/Madam,

I need your help in filing a case against my ex-employer Polaris Software Lab Pvt Ltd. I was working with Polaris for 3 years and 3 months. Since they moved me to Pune without discussing it with me, I became upset and tendered my resignation. I was relocated from Pune to Mumbai.

However, they accepted my resignation, which was contrary. But no issues as I was planning to change anyway. Afterward, I was relieved abruptly and ended up being jobless. The relieving letter states, "With reference to Resignation dated 8th Feb 2011," {Me: "I never submitted any resignation on that date."} I am being relieved on Mar 18, 2011 {Me: "Neither did I ask for a waiver, nor does the appointment letter I received state that I can be relieved earlier and not be paid for the shortfall of 45 days. They informed me on March 16, 2011, that I am being released on March 18, 2011. Also, I never received the variable component, which was for my efforts in 2010."}

Please help me with how to proceed.

Yours kindly,
Manoj

Hello Manoj,

First of all, you need to be clear on what you want to do.

Your very first line 'wants' others' advice to file a case against the company while the last line 'requests' for help on how to proceed—notice the difference, at least based on the wordings you used (and I don't think your English language command is poor)?

Regarding the reasons, your stated line is: "I became upset and tendered my resignation."

But at the face of it, looks like there were some heated arguments in that situation—please confirm either way.

Looking back, wouldn't you think it could have been more appropriate if you had only tried to know and understand the company's reasons why they transferred you without discussing with you—before even reacting the way you did? Maybe you wouldn't have reacted that way at all in that case? Frankly, a classic case of acting in haste and repenting at leisure?

I think you made a mistake in that hasty reaction. And the company responded in the best way it thought was in the better interests of the company. So score equalized, I guess—I know this doesn't appeal to you, but 'as we sow, so we reap.'

You mentioned: "nor does the appointment letter which I received state that I can be relieved earlier." However, it was the letter you received over 3 years ago—and I am sure a lot of policy changes must have been made by the company since then (many companies did). The company can show that as proof later—I hope you get my point.

It's your choice whether you want to spend your time and money filing a case against the company and the corresponding follow-up work with the lawyer, courts, etc., for what's essentially your fault or you want to look out for a suitable opening and settle down fast in a new job.

Looking at it another way, at least you are lucky—things are quite good now in the IT sector. So getting another job shouldn't be that tough. But please try to learn from this mistake and move on.

Regards,

TS

Dear Mr. TS,

Thank you for addressing my concerns. I wish to provide a brief description, which is why I did not share some details:

1. The commitment to work for a minimum of 2 years in Pune, made by our VP without discussing it with us, was crucial to securing the project order.

2. Despite arguments, they eventually agreed to release me, but did not confirm my release date from Pune via email. When a team member quit, they forced me to take over responsibilities, which led to my decision to return their laptop, express my discontent, and state I would not return to Pune. Eventually, they asked me to come back one last time and formally released me.

3. I have no regrets about leaving Polaris due to my negative experience. However, I regret leaving my previous organization, joining Polaris, or not accepting another offer I had when I accepted the Polaris offer.

4. I was released two months early, during which I obtained a certification and a new job. I awaited my relieving letter and Full and Final settlement, which I received recently.

5. With the completion of these processes, I am contemplating seeking retribution from Polaris for their mistreatment. Their unfairness towards me prompts me to contemplate giving them what they deserve. Even my senior colleagues were shocked by my experience and acknowledged the injustice I faced.

Warm regards,
Manoj

Hello Manoj,

If you want to utilize your time to 'take revenge' rather than 'letting things go' and move on, frankly, it's your baby. Just as the old adage: 'as we sow, so we reap' applies to you, me, and everyone, so too it applies to Polaris or anyone else -- both at the individual level and the organizational level.

I would suggest that since you have now learned your lesson of thinking before you act, just move ahead in your career and let Polaris learn from their mistakes -- it's NOT YOUR JOB to teach them -- it's for them to learn.

Regards,
TS