How Can I Handle Job Termination Due to Family Health Crisis and Legal Threats?

Hello experts, I need your inputs on the following situation I am facing. I am a software professional. My company wanted me to travel for 2-3 months, but I cannot travel as my father recently lost one of his kidneys, so he needs dialysis once a week now. I couldn't travel as there is no one to take care of my father. I explored many options, but those were rather expensive, which I couldn't afford.

I told my company, "Please let me be near my father who needs me. I cannot travel for such a long time." Now the company has terminated me and is asking for my 90 days' salary for the relieving formalities to be completed to be paid by me, or else they will take legal action. At present, I am not that financially sound to pay them.

On the other hand, my company's HR director told me to speak to my manager, which I did. He told me that he had already handed my case to some of the other senior members and did not wish to speak with me on this relationship any further.

What should I do in this case? Any supportive help will be appreciated.

Thanks in advance.

Your posts show the HR Director's pusillanimity and lankiness beyond doubt. I am taking what you have written at its face value and making this comment. Your company cannot ask for payment of 90 days' notice pay after termination. Rather, they should pay you for the notice period. If you were terminated, did they conduct a domestic enquiry? If not, then your termination is illegal. Why is the HR Director silent? Why is he watching the whole scene as a nonchalant onlooker? Why is he not stepping in and restoring the rule of law? Who issued the termination order? Is it from HR or from Operations? If it's from HR, then why did they not intervene at that time? Why did they allow you to be terminated? I recommend you approach the Labour Officer of your area and explain your case. If he does not intervene, then you may approach a lawyer and send a notice challenging the termination. If your company refuses to reinstate you, then obviously you have to file a suit against the company. I doubt whether your case will stand the scrutiny of the law.

Caveat: By the way, the company is free to post any employee where it wishes to. An employee does not have any choice. Generally, a clause to this effect is inserted in the Appointment Letter. Check your appointment letter. However, in your case, the termination has happened without a domestic enquiry. Hence, it can be challenged. Other senior members may give their valuable comments.

Thanks,

Dinesh V Divekar

Based on the facts that you have mentioned above, you are not liable to pay any dues to the company. You can write an email to the HR of the company while keeping the top management in the loop. Yes, the company can transfer you to any place where the company has its clients or office, but if the employee has a genuine problem, they could have handled this in a much better way.

Company HR's Silence

Why is the company HR silent in this whole matter? It is really surprising, as he is just trying to shake off his responsibilities. If the company has terminated you without conducting any inquiry or reply from your side, then they are wrong.

Regards,
Ashutosh Thakre

While empathizing with your situation, to summarize the salient aspects/points:

1. Termination and Notice Period

You were terminated—whatever the reason(s) may be. As Dinesh V Divekar mentioned, it's the company that ought to pay the notice period amount to you, NOT the other way around. Another point that arises is the grounds for the termination—Dinesh V Divekar and Ashutosh Thakre would be better placed to comment on this aspect legally. Usually, ONLY VERY SERIOUS grounds justify termination by an organization. I am not sure if refusal for transfer would be one of them—UNLESS you have missed out mentioning something. Dinesh V Divekar and Ashutosh Thakre have already pointed out the lacunae in the termination process adopted.

2. Legal Standing and Options

Going by what you mentioned, you are on strong legal ground. Forget about why the HR Director did what he did [OR the other way around]. Please focus on the options available to you. A few more inputs would enable the members to give clear, focused, and implementable suggestions.

Additional Inputs Required

1. Your use of the words suggests that much of the interaction in this issue has been VERBAL. How much of the interaction has been IN WRITING? Any emails, correspondence?
2. Do you have company material in your custody—laptop, etc.—or have all of them been handed over to the company?
3. Have you approached any lawyer?

All the best.

Regards,
TS