Struggling with Delayed Settlement and Unfair Treatment After Termination – How Should Employees Handle This?

Request for Full and Final Settlement

I, Seema S., who was working in an esteemed organization as a Business Development Manager, had my last working day at that organization on 10-10-11, as discussed and confirmed by the Business Head. I requested them for my Full and Final Settlement, which is yet to be released. I had hopes that the approval for my Full and Final Settlement from 1st Oct 2010 to 31st Oct 2011 will be settled at the earliest.

Note: I was treated very badly and was humiliated during my termination process by the authorities of that organization due to their miscommunication, which I think no employee of any organization should go through. I am unable to come out of the trauma, which has now forced me to write down the impact of working in an organization like K????. It has left me with hopes that no other employee should go through the same phase as I did.

I was not informed that I was terminated immediately by any of the authorities, and I was reporting to the office until 10th Nov. I had also spoken to the organization that I am unable to go on field because of health conditions, wherein I had requested if I could be transferred to any other in-house job. Further to this, the CFO stated that he would let me know in a day or two. By then, it was 10th Nov, and at the end of the same day, HR walked up to me to say that I am attending the office forcefully even after being terminated and thrown out just by signing a resignation letter dated 31st Oct 2011. This was a very disgusting situation to go through, where most of the staff walked up to me only to ask what had happened and why I was doing this.

Today, I am completely on bed rest.

Is this how an employee should be treated?

In an organization like K????, if the authorities themselves are unable to convey things to the subordinates, then why is the employee being punished?

My settlement should include October month's salary + 1 month basic as it is an immediate termination + 4 months of medical reimbursement + 1 month petrol and mobile conveyance. PF papers, though filled and submitted, are yet to be processed for reasons unknown.

I am hereby initiating this email to settle my dues at the earliest. I am single and finding it very difficult in terms of financial status as of now.

Your kind help will be highly appreciated.

Thanks and regards,

Seema

Agree with Imran. Your query is still incomplete. You still need to let us know the reasons for your termination and what you did that made them feel the need to terminate you.

Termination Procedure

Second, there is a procedure to terminate any employee with a valid reason, and if you have been terminated, a Termination Letter would have been issued to you, confirming your termination. Until an employee receives their Termination Letter, they remain an employee of the company/organization.

Also, I didn't understand the statement: "It was 10th Nov at the end of the same day HR walks up to me to say that I am attending office forcefully even after being terminated and thrown out just by signing down a resignation letter dated as on 31st Oct 2011," which is very confusing.

- It is not clear whether you resigned or were terminated.

Moreover, your last working day was October 10, 2011, as stated by you above, but you were still on the job until November 10, 2011, and your resignation date was October 31, 2011.

- And what was discussed and confirmed by the Business Head (Your Employer/Boss) (Para 1, Line 2 of your query)?

Please clarify all.

While I fully sympathize with you and the situation you are in, I'm afraid that there are some missing links in the entire episode as pointed out by my friends above. In order to suggest a plan of action, all the facts are required so that you can be saved from the humiliation and harassment by your erstwhile company. This will enable the learned members to come up with their invaluable advice and give you the necessary support.

Cheers,
Pradeep

Termination Without Inquiry: A Breach of Natural Justice

It will be against the principles of natural justice if an employer terminates the service of a permanent employee without holding an inquiry. They should have given you a chance to defend yourself before terminating the contract. I think you have a very strong case to seek reinstatement from the court, with or without full back wages. Please consult a local lawyer to file the necessary documents and give a good lesson to your employer.

Dear Seema, I really sympathize with your situation. You need to clarify whether you were terminated or resigned. What is the actual date of leaving? How many times have you contacted your employer in person? If it is three times, then you should write a letter regarding settlement by RPAD. Even then, if you have not received any reply from the employer, give a legal notice.

Regards, V. Subbarao