Want To Complaint Against My Employer For Termination Issued

Hi,

I am an employee of a good company as an area manager. I have been with the company in Hyderabad for 3 years. Due to a seemingly trivial reason, the company issued me a termination letter. Could you kindly suggest how I should file a complaint with the labor court? What are my chances of winning?

Dear Om2jha,

We would like to have more information about your case. Please confirm the following:
a) How many persons reported to you?
b) What exactly was the "silly" reason?
c) Did your company conduct a domestic inquiry before terminating you?
d) How were your relations with the GM or any other authority to whom you were reporting?
e) Did you submit the review application to the MD of your company, or is it that the termination has the imprimatur of the MD?

Thanks,
Dinesh Divekar

Dear Sir,

As you have mentioned, you have been terminated for a seemingly trivial reason, but I need clarification on a few points outlined below:

1. Are you a confirmed employee of the organization?
2. Please review the clause in your appointment letter that states if the company has the right to terminate without notice due to poor performance or any related issues.
3. Does the reason for your termination impact the organizational growth or social standards?

If you provide specifics, I can offer a solution.

Thanks and Regards,
Aditya

Hi Aditya,

1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standards.

Thank you.

Dear Dinesh,

More than 50 persons reported to me. The reason was as follows:

Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which actually belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. In response, he contributed 10k, and in total, we funded 30k, which was contributed by everyone.

These four incidents I have mentioned were done without causing any harm to the company.

Yes, the company has conducted a domestic enquiry.

My relationship with my boss is very good. Even though he is trying to rescind the termination and provide me with the option to resign.

I have written an email to the company CEO and all other higher officials about my innocence regarding the termination letter I received.

Please suggest, is this considered fraud?

Aditya,

1) I am a confirmed employee.

2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.

3) That silly reason neither affects the organization's growth nor its social standard.

Dear Dinesh,

More than 50 persons reported to me. The reason was as follows:

Our company has an employee referral scheme. I routed 2 employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the 3rd referral, which belonged to me, we had a team party. In the 4th incident, one person received a huge bonus, and everyone asked for a treat. He contributed 10k, and in total, we funded 30k, which was contributed by everyone.

In these 4 incidents, I have not done anything to harm the company.

Yes, the company has conducted a domestic enquiry.

My relationship with my boss is very good. He is still trying to reverse the termination and at least provide the option to resign.

I have written an email to the company CEO and every higher official about my innocence regarding the termination letter. Please advise, is this considered fraud?

Dear Om2Jha,

Can you reprint the 'charges' contained in the charge sheet they served and tried in the domestic inquiry? Since it is termination, it should have been on 'serious charges.' Let us have a look at it. What clarifications/replies did you submit in the inquiry?

Was there any suspension pending inquiry? If yes, was any subsistence allowance paid to you?

Did the company pay you any settlement?

"Our company has an employee referral scheme. Two employee referrals were routed through one employee. Why didn't you refer the candidate yourself? Did the employee through whom you made the referral complain? Other questions have already been asked by other members - what were the charges? Your case appears to have more details than what have been mentioned. Kindly provide full details."

As Mr. Nathrao has pointed out, the facts of the case are not clear!

Dear Mr. Nathrao,

As an Area Manager, I can't refer anyone. If one employee refers another, he will get 15k after 6 months upon the completion of the referred employee.

The referral details are as follows:

For the first one, two candidates joined together. X, I know personally, so I didn't go for the referral. However, he brought his friend Y. According to company policy, before the release of the offer letter, we have to send referral details to the company. Therefore, I instructed my former employee to refer Y through his Email ID.

For the second referral, there was a candidate I knew from before. He was earning 395,000 in his old company, but I wanted to bring him into my company at 370,000. The reason being, if he were to earn more than 370,000, he would have higher targets. So, I promised him the referral amount of 15k. Consequently, I referred him through the candidate who had referred the first candidate.

Both candidates were referred by the same individual. However, when the same candidate who made the referrals resigned, there were some misunderstandings. My opponent, who is jealous of me, influenced him to complain against me. The charges put forth by the company are related to seeking undue financial support from ex-employees.

Thank you.

Dear Kumar,

Charges are 'seeking the undue financial support from employee.'

I have given the same clarification here as I am providing in this forum. Unfortunately, I have not received any settlement yet. I was informed that I will receive my full and final settlement as part of the process.

My contention is not that I am claiming to be right, but rather that I was not entirely wrong either, as I did not act against the company's interests. Everything I did was in the best interest of the company. They could have chosen to issue a warning instead.

Currently, my fight is to retract the termination decision and be given the opportunity to resign, at the very least.

Thank you.

From what is written by you, circumvention of rules in the referral of candidates appears to have taken place. Charges levied appear to have some basis as can be inferred from your own words. It is recommended that you seek proper legal advice to find a way out of this problem.

I don't know if I am correct and how many members will agree with me on this, but I feel that the integrity was missing from your side, Mr. Om.

Dear Anonymous,

What do you mean by integrity in your language, and why do you think integrity applies in companies? Why should one follow integrity?

Thank you.

When your position in your company calls for certain rules, you should not have broken them. There!! Integrity missing.

Dear Om,

I have no idea under what rule they tried to terminate you. If there are Standing Orders in vogue, I doubt whether they would apply to you or not. If any other rule is involved, I could give my opinion only after looking at those relevant clauses as a whole. From what you have stated, it appears that you admitted guilt for indulging in collecting money from your colleagues among other things, regardless of your defense that it's not against the company. The extent of punishment once guilt is proven beyond doubt would depend on the provisions contained in the relevant rules and the Inquiry Officer. However, to me, termination seems too harsh, akin to capital punishment, especially if this is the first offense charged against you. Therefore, seeking legal remedy is the only relief you might consider at this juncture. Much will depend on the documents available to you for defending your cause. Please consult with a reputable advocate promptly.

Never work hard for others, only work for yourself as duty, as your job profile. Be brave, confident, and true. First, check your documents, especially your appointment letter; conditions and terms must be studied carefully. Many times we work right for wrong people. Forget the past and start with a new company and be aware of the ifs and buts of every employment legal and mandatory documentation.

Dear All,

Thank you all for your advice. I don't want to fight with the company because my time is wasted, and I don't want to go back to a company that does not respect an employee's effort and loyalty, especially when that employee has given more than 100% to the company. However, I do not want my career to be destroyed. Can you kindly suggest whether this termination will affect my selection in new job interviews? Or how should I handle this termination, as I don't believe I have done anything wrong.

One should not know what integrity is. One should be able to understand when someone tries to do certain things which he is not supposed to do, by using third parties. Attitude is what makes a difference.

"I don't want to fight with the company because my time is wasted, and I don't want to go back to the company because they do not respect an employee's effort and the loyal person who has given more than 100% to the company."

Learn the right lessons from what has happened and do not keep seeing only one side. Anyway, the damage is done. Now, what is written in your termination letter?

Lessons have been learnt. But it should also satisfy me that I have acknowledged my mistakes. Anyway, the letter states:

We have conducted an investigation based on the complaint received from employees who have reported you in the past for seeking undue financial support.

Kindly provide your suggestions.

Have you received a relieving letter? If so, what is stated as the 'reason for leaving'?

It seems that a strong case has been made against you, with complaints obtained from your colleagues, perhaps alleging that you were demanding money or engaging in similar activities. I have serious doubts that you will have enough documents, evidence, and witnesses in defense to prove your innocence. Much will depend on these factors as part of a preparatory strategy to determine your next course of action.

In my opinion, while setting aside this fight, you should focus more on your career and consider settling for future ventures. This could involve starting something new, either independently or by collaborating with like-minded friends or colleagues. It is crucial to maintain a positive outlook, especially considering that you were involved in establishing the company from the beginning. Perhaps, starting your own company within the same field is not impossible.

Honesty is a rare and valuable trait. It is unrealistic to expect it from individuals who are deceitful or lack integrity. Consider this situation as a providential opportunity to strive for excellence. Remember, "When you challenge people, you may lose one day, but when you challenge yourself, you will win every day." I wish you all the best for a bright future.