Can I Take Legal Action for Unfair Termination and Harassment by a Client's Engineer?

I am from Maharashtra. My employer has terminated my job without giving proper intimation and reason. The reason they have given me is that I was too slow and could not match their speed. However, I received information from my office that due to a complaint from one of my clients, they terminated me without providing the correct reason from the client.

There were no complaints about my work from clients and management since I joined two years ago. I successfully completed a project at the client's site, but one of the engineers at the client's site took some of my arguments personally. This engineer took personal revenge on me and made a complaint to their management. Consequently, their management informed my management about this complaint, leading to my termination with improper reasons.

Therefore, I sent a resignation email at the same time. Please advise on what I should do in this case. Can I file a complaint against both companies (my employer and my client) and the engineer? I also want to lodge a complaint for mental torture and harassment against all three entities. Can I do that?

Thank you.

Termination Without Show Cause Notice

Termination without a show cause notice is null and void. A proper reason, in writing, should be provided by the company. If you have received a termination letter, please disclose its contents so that appropriate suggestions can be given. If the organization has terminated you due to ethical reasons, the inquiry committee will call you for a hearing. Without this process, the termination letters are not correct. You have the option to fight back legally.

Cheers

As per your explanation, you have submitted your resignation to management. On what basis do you wish to raise any legal issues against your management? Kindly clarify whether you received a termination letter before submitting your resignation or if you first resigned.

Regards,
Rao Rajbir

I have not received any termination letter from the company. First, they informed me that the company has decided to terminate my services. However, I have had some communication from my company after this incident when I requested reconsideration of their decision, which my boss clearly rejected.

When they mentioned termination, I decided to resign before receiving the termination letter in order to obtain a proper leaving letter from them. I have sent the resignation email to them.

Please let me know if you need any more information.

Regards,

Termination Grounds and Legal Considerations

Termination on account of slow work and inefficiency is a very good ground for termination. There is nothing null and void about it. There is no rule that a company has to keep an employee they don't want, especially in the case of inefficiency.

Even if you were to consider the real reason, a complaint by the client, it is also a good enough reason. There is no need for the client to call for an investigation. The company can decide based on the complaint. No company will risk losing business by disregarding a customer complaint.

In any case, if the termination includes all statutory dues (notice pay, retrenchment compensation), then the company can terminate without reason as well.

I do not think you have any ground to build a case against your client or employer. If you have proof that the complaint is false, you can at best file a criminal complaint for defamation, which basically is a waste of time. In case the client is a multinational corporation, they may have procedures for redressal, and you can try speaking to their HR or PR departments. At best, you will have the concerned employee fired; however, you will not get your job back as you have already resigned. Focus instead on getting a better job based on a smooth exit from here.

I need to inform a few more facts. I have been working in this company for 2 years. If I were slow or my performance was not good, they would have terminated me earlier. I completed the probation period and got confirmed. In March, a complaint was lodged. Recently, in April, I received the appraisal letter and a 5% hike. In June, I also received a bonus.

In June, I attempted to check if the person was calm via SMS or email. In July, I received the termination news. This person was my friend. Due to a few arguments, that person might have made a complaint which their company turned into an issue. While I may be wrong, I did not misbehave, use bad words, or ask for any favors.

Termination Based on False Grounds

How can they terminate someone based on false reasons from such grounds? I want that person to realize the impact of ruining someone's life and to learn a lesson for the future.

Seeking Advice on Harassment Issue

I seek another opinion. Would sending an apology via SMS or email be considered harassment? My messages were polite requests to settle the issue. The person's uncle is now threatening me.

Salary and Compensation Concerns

I have not received my full salary. I should receive one month's salary, but I only got payment for 15 days.

What is retrenchment compensation?

Please review and advise on the harassment issue.

Understanding Resignation and Termination

First, understand that you have resigned; they have not terminated you (at least officially). So, you no longer have any grounds for action against the company for termination. They may have threatened to terminate you (with no official record of the same), but you chose to resign on your own.

Now, for academic purposes, let's continue the discussion, considering the arguments that would be presented in court: You may have performed well in the past, but currently, your work is subpar, slow, and not meeting the required standards. It is likely that they provided you with oral warnings and opportunities to improve. However, due to a weak economy, they can no longer afford to provide you with further opportunities for enhancement and have to proceed with termination.

Salary Hike Considerations

Regarding your salary hike, I am uncertain if a 5% increase truly reflects an appreciation of your work. It may simply be to match inflation levels or for other reasons.

In the additional information provided by forgauravscomplaint, there are several spelling and grammar errors that need to be corrected. However, to respect the user's original message and tone, I will refrain from making changes to the content itself.

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Hello Saswata Banerjee Ji, I need to inform you of a few more facts. I have been working at this company for 2 years. If my performance was not up to par, they would have terminated me earlier. I completed my probation period, got confirmed, and in March, a complaint was lodged. In April, I received the appraisal letter with a 5% hike, and in June, I received a bonus. In June, I attempted to reconcile with the person via SMS or email, but in July, I received the news of termination. This person was my friend, and due to some disagreements, a complaint may have been filed, turning it into an issue. I may be mistaken, but I did not misbehave or use inappropriate language or seek any favors. How can they terminate someone based on false reasons?

I want this person to realize the impact on someone's life and learn a lesson so that they do not manipulate others in the future. I seek another opinion: Would sending an apology via SMS or email be considered harassment? I have not used any offensive language, only made simple requests. Sometimes I would send these messages to resolve the issue. This person's uncle is now threatening me. Would this be classified as harassment? I have only received half of my salary; I believe I should be paid for a full month, not just 15 days. What is retrenchment compensation?

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If you have any further questions or need clarification, feel free to ask.

Regards.

Two Solutions Regarding Termination

1. As an HR Professional:
You have submitted your resignation to us. We have received a complaint from our prestigious clients regarding your work. Additionally, your performance has not been satisfactory for the past 3-4 months. Based on your performance appraisal, you have not met the desired goals of our organization. Therefore, your termination is legally justified.

2. As a Human:
How can you be terminated on such short notice? If your work was unsatisfactory and your speed was slower than expected:
A. Were you informed or given a notice about your performance issues (3 times)?
B. Were any counseling sessions held with you and the HR team to improve your performance?
C. Were you provided with any training to enhance your work?
D. Has the organization withheld your increment due to non-performance?

If not, then this is unjust, and you should file a complaint with the Labor Commissioner.

Thank you.

Dear Surendra Ji,

Being a Human:

How could you be terminated on very short notice if your work was unsatisfactory and your speed is slower than expected?

- A. Were you informed or issued a notice about your performance (3 times)?
- B. Have any counseling sessions been conducted with you and the HR team to improve your performance?
- C. Have you received any training to help improve your work?
- D. Has the organization stopped your increment due to underperformance?

If not, then this is very illegal. You should file a complaint about the same with the Labor Commissioner.

In the morning, I received news about this. There was no proper notice or information provided, and they have not paid the full compensation either. I would like to file a complaint against this with the Labor Commissioner.

What is the procedure for this? Please advise.

Thanks.

Question of Notice Period Compensation

Where is the question of them being liable to pay you notice period compensation when you have resigned? If you had resigned and they were to terminate you, notice pay, compensation, etc., would be applicable. You seem to have played into someone's hand by resigning.