Facing Termination for Alleged Misconduct: Should My Friend Take Legal Action?

Hi All,

Recently, one of my friends has received a termination email from HR stating that they are found responsible for creating a negative environment in the company, which is considered gross misconduct. Therefore, their employment is being terminated.

I would like to know whether they should file a case in the labor court and send a notice, and what steps they should follow.

Regards,
Shankul

Hi Mr. Shankul,

HR/Employer cannot terminate an employee for any misconduct without proving it; hence, the employer has to conduct a domestic inquiry by suspending the concerned employee. In a domestic inquiry, the employer has to prove the misconduct of the employee before the inquiry officer, at the same time should give the opportunity to the employee to present his/her case. Only then can the employer take action. If your friend's employer did not follow this procedure, you can take legal action.

With Regards,

Mr. Thumbs Up

"Creating a negative environment in the company"
This charge is very open-ended and subjective in nature. The company should conduct a proper inquiry, giving the employee a chance to defend himself and produce evidence in his favor. Before going to court, he must first send a detailed reply/defense to the company. If no reply is received, he can take legal recourse.

Dear, Every employee should be given a chance to explain the authenticity of the allegations made against them before the issuance of a termination letter. This is typically done by issuing a "Show Cause Notice" letter with a time frame of 24/48/72 hours (varies from company to company).

Please note, a Show Cause Notice is issued only when the allegation is of a crucial/risky/defamatory/confidential nature and the case needs immediate attention. Otherwise, the employer should at least issue a warning letter to the employees, asking them not to repeat such activities.

Moreover, before issuing any Show Cause Notice, the employer should conduct a thorough initial investigation against the allegations and should find the employee liable with proof.

If the employer intentionally does this with any employee, then the employee may challenge the employer in the labor court.

But remember, the employer may create an artificial scenario or may convince other employees to speak against you in the labor court. Hence, it is always good to be polite with the employer and request a notice period of 1 month or more or ask for some time for a new job search.