Was My Termination Fair? Seeking Advice on Handling HR Disputes and Salary Issues

I am an employee of one of the MNCs in Hyderabad. I have been terminated and asked to leave the company on 27th Nov 2014. I had already given them the request for serving the notice period on 24th Nov 2014, starting from Dec 5th 2014 till Jan 5th 2015. However, both management and HR have decided that my notice would start from the date I sent them the email. I have a copy of that email. Despite mentioning the notice period date, I have been terminated from my job. As per my offer letter, if you are leaving the company within 6 months of probationary period, then a 1-month notice or payment in lieu is required. After 6 months, a 2-month notice period has to be served or payment in lieu. I was in my last month of the probationary period.

So, without allowing me to serve my notice period from "Dec 5th 2014 till Jan 5th 2015," the HR and management terminated me on 27th Nov 2014. Please tell me, was it a "Voluntary or Involuntary Termination" that I had?

I worked for Nov 2014, but they kept my salary on hold. Although the payslip has been generated, the credit has not happened.

There was data from the company, from a third party, that was mistakenly copied onto my pen drive. There were some 4 to 5 Excel files that were copied, but I have deleted and destroyed that data when I saw it. I have communicated the same to the management and HR, but they are not agreeing to this. I have already given them an explanation for the incident, signed the indemnity bond regarding this, and written a letter. I have also returned the company ID card and other items.

I asked them to release my salary as I am facing financial difficulties. I am an entry-level employee.

When I contacted HR and management regarding my salary and full and final settlement along with my relieving formalities, they replied: "It is incorrect to state that you have submitted an 'involuntary' resignation. The fact is that you have submitted a voluntary resignation to not cooperate with the enquiry proceedings pending against you in a matter related to data misappropriation. Your relieving formalities will be completed only after the completion of the enquiry pending against you."

Anyhow, I have given them in writing that I don't have that data and it cannot be misused, but even after signing the indemnity bond, they are planning to take legal action against me. Please suggest what I should do. After getting the sign from HR, they started using abusive and vulgar language with me regarding my performance. Can I take any action on this? Please suggest.

Thanks,

Zahid.

I also want to mention that it was a verbal termination as I have not received anything in writing.

Of course, you are in a quandary but without any tangible option. I sympathize with you for what has happened during your entry-level employment, especially without completing the probationary period. Nevertheless, your termination has become effective as you have not been on duty. I have no idea what sort of information you had copied unauthorizedly and for what purpose. I cannot go into detail. Also, I could not understand the sum and substance of your last but one paragraph. You have been mentioning “termination” and “(in)voluntary resignation.” Termination is termination only; there is no term called voluntary termination. Likewise, resignation is resignation. How does it become “involuntary”? Is it by coercion? If so, how will you prove it conclusively? Any evidence?

Termination during the probation period is difficult to counter, especially when you are accused of alleged theft of official documents (where & how does the 'misappropriation' come in?). What evidence do they have to substantiate their charges? Did you sign any document accepting the guilt? Of course, you are entitled to notice or notice pay, and salary within a few days of such a termination should be paid. I suppose your firm is registered under the Shops & Commercial Establishment Act. In your case, it appears the missing link is the absence of a “speaking order of a purported termination” to you by a competent authority. I don’t think you have a strong case to take this to court, especially if you don’t have resources to sustain it. For the present, try to obtain your unpaid salary and forget about it totally. If it is not forthcoming, then consult an advocate and issue a lawyer notice to secure it.

Regards.

Thank you for your reply; I appreciate it. One thing I forgot to mention here is that this data issue occurred two weeks before the date on which I drafted an email and sent it to management to serve notice. I have a print copy of the email regarding the notice period, but before allowing me to serve my notice, they terminated me. The salary that is on hold is not being addressed, and they are proceeding with a voluntary resignation, intending to deduct the notice period not served amount from my salary which is on hold.

Notice Period and Salary Issues

Regarding my notice period, management has only verbally stated that they accepted my resignation and have not provided a written response. My salary is on hold, and they are not willing to complete the full and final settlement in credit, which they are supposed to do in my case as it is solely at the discretion of management.

I am not receiving any replies from them. Please suggest to me on this.

Regards

Since the management has not formally issued any termination order simpliciter during probation nor issued any show cause notice to you regarding any contemplated disciplinary proceedings, and at the same time withheld your salary, your lawyer may issue a notice for payment of wages even though they may not allow you to work by taking away your company ID. If they are terminating illegally, then take recourse to the appropriate court or labor court for back wages.

Thanks

Based on your description, it appears to me that this termination drama is itself a vindictive afterthought, a sequel to your notice. I suggest sending your letter via email and Registered Post with Acknowledgment Due, first disputing your termination as "illegal" and requesting the prompt disbursement of your withheld salary. Should they fail to comply, inform them that you will take legal action, seeking consequential compensation, within one week. If no action is taken, send a legal notice and proceed as directed by your advocate.

Best wishes.

Since no formal termination order has been issued, I question why he should admit that termination has been done, albeit illegally. We do not know whether he is a workman and protected under the ID Act. Until a formal termination is executed, he will be entitled to wages even if he is not allowed to work. As he has already submitted his resignation, let that period run its course as they have not rejected his resignation, which is likely to be effective from a future date.

Thanks

Regards