Can I Challenge My Termination During Training? Seeking Advice on Legal Steps and Costs

Hi, I joined a US-based organization on 26th Oct 2014. The organization mentioned in their appointment letter that I would be on training for 3 months. They gave me 3 weeks of training, but the training module was not related to my job. After that training, they directly put me on live work, and I started doing that work as per the direction given by my mentor. I always asked my mentor if I was doing well, and she said, "Yes, you are good." Suddenly, they informed me that they are not satisfied with my performance and are terminating me. I asked them for the reason, but they simply stated that I am not performing well. Without any valid reason, they are terminating me. I want to file a case against the organization. Can I do this? What is the procedure? How much will it cost me?

One thing to clarify: did they mention in your appointment letter that they can only confirm your employment after training? I recommend reading the letter thoroughly. From my perspective, filing a case against them would be a waste of your time. You should communicate with your employer, and if they are unwilling to provide an explanation, focus on receiving your salary for the days you have worked and seek better opportunities.

All the best!

Dear Rahul Raja, Please go through the offer of appointment. In case there is a provision that your training can be curtailed before the completion of the training period, there is no other way but to accept relief. If otherwise, there is no such provision in the offer of appointment, you can lodge your complaint with the authorities.

There are certain things that need to be understood.

Job Description and Performance Evaluation

Have they provided a clear job description duly signed by you? Does it mention your job description, key result areas (KRA), and KPIs?

Have they informed you in writing, in detail, that you are not performing well? Have they provided you with proper reasons for this assessment?

Steps to Address the Issue

If not, you may approach the Assistant Labour Commissioner's office. But before that, speak to the organization and ask them to justify their actions.

Regards,
Govind

Understanding Your Appointment Letter

Please read the appointment letter in its entirety. If any clause in your appointment order states that your training period may be terminated without reason or notice, it means you cannot file a case against the company. This is likely because you have signed a duplicate copy of the appointment order.

In my opinion, this clause is in your favor. It is advisable not to pursue legal action against the company as it could negatively impact your career. If there are any pending salary dues or experience letters with the company, ensure you obtain them first before searching for a new job. When joining a new company, they may verify your conduct and services with your previous employer.

Wishing you all the best in your career.

Regards,
Balaji

Dear all,

They have not given any job description (JD) yet. They have not mentioned any particular job description, key result area (KRA), or key performance indicator (KPI). They have not informed me in writing that I am not performing, and no reasons have been provided by them. However, they mentioned in the appointment letter, "Your appointment is terminable by the management without any reason."

Regards,