Facing Unfair Dismissal in Pharma Sales: How Can I Fight Back and Protect Myself?

I am working in pharmaceutical as a tr. sales person. There is an issue with my boss. He pressured me to resign because of personal revenge. He provided incorrect information to HR to terminate me from my job without discussing any concerns with me. I am now facing a difficult situation. Please guide me on how to handle this in the future and in the Labour court.

Hello,

A management, as such, cannot terminate you. First, the HR manager or Head of HR should give you a show cause notice, and you can provide your response to that. If the management proves that your response is not valid, then only can they terminate you.

Termination of an Employee During Probation Period

Termination of an employee during the probation period without giving a show-cause notice or conducting an inquiry cannot be challenged. The only thing to consider is the terms of employment or what is stated in the employment order regarding termination during the "probation period." If it is worded like, "your services can be terminated without notice and without assigning reasons during the probation period," then the question is whether the termination letter contained any reason for termination, such as, "you are terminated on finding that your performance has been poor." If there is a qualifying reason given, the termination can be challenged by saying that you were not appraised of your performance and nothing was communicated to improve the performance.

On the other hand, if the termination letter only states that "following the clause ...(the clause number which states that during the probation period, your services shall be terminated without notice and without assigning any reason) your services stand terminated with effect from...," then you cannot challenge it.

Sometimes, the letter of appointment will contain a condition or reason for termination like, "if your performance during the probation period is found unsatisfactory." In such cases, it must be proved that your performance was poor and was made known to you before you were given the termination letter. The responsibility to prove that you were not given an opportunity to improve or were not communicated about your poor performance rests with you, the terminated employee. Therefore, before going to court, better understand the situation and then act.

Regards,
Madhu.T.K

Hello,

Please check your appointment letter copy before going to court. It could be mentioned, "Your service can be discontinued without notice or without assigning any reason during the training period." If you had signed that acknowledgement copy of the appointment letter, the company may have the proof to present in court.

I would advise you to search for another job and start fresh. You have time on your hands. Do not waste your time and money in court.

Good luck.

There is a union for pharma sales officers/medical reps. I'm sure you would be aware of it. If not, ask your colleagues from your company or your counterparts in another pharma company. Contact the president or secretary of the union's branch in your territory. They will take up your case. They keep doing this day in and day out and have succeeded in most cases by getting the employee proper compensation or reinstatement.