Family Comes First

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 who recently lost one 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 that please let me be near to my father who needs me, I cannot travel for such a long time, now the company had terminated me and is asking my 90 days salary for the reliving 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 companies 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.

Dear Harry,

Your posts shows 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 then did they conduct domestic enquiry? If not, then your termination is illegal

Why HR Director is silent? Why is he watching the whole scene as 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 from HR, then why did he not intervene that time? Why he allowed you to be terminated?

I recommend you approaching Labour Officer of your area and explain your case. If he does not intervene then you may approach some 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 scrutiny of the law.

Caveat: - By the way, company is free to post any employee where it wishes to. Employee does not have any choice. Generally clause to this effect is inserted in the Appointment Letter. Check your appointment letter. However, in your case the termination has happened without 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 a mail to the HR of the company, while keeping the top management in 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.
Why is the company HR silent in this whole matter 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

Hello Harry Joe,
While empathizing with your situation, to summarize the salient aspects/points:
1] You were terminated--whatever be the reason(s):
Like Dinesh V Divekar mentioned, it's the Company that ought to pay the Notice Period amount to you, NOT the other way round.
Another point that arises is/are the Grounds for the Termination--Dinesh V Divekar & 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 & Ashutosh Thakre have already pointed-out the lacunae in the Termination process adopted.
2] 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 round]. Pl focus on the options available to you.
A few more inputs would enable the members to give clear, focused & implementable suggestions.
1] Your use of the words suggest that much of the interaction in this issue has been VERBAL. How much of the interaction been IN WRITING? Any mails, 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.
Rgds,
TS