Facing Unfair Termination Allegations: How Can I Protect Myself and Seek Justice?

I joined a company on 23rd Feb 2016, but I received a termination due to allegations of misconduct and being in contact with a person who offered business opportunities in exchange for payment ranging from Rs. 15,000 to 20,000. This accusation is entirely false, as indicated in the feedback provided by my ZM to the seniors, who were aware of the situation.

The termination letter was issued on 24th May, but I was on a two-day tour and returned to the office on the 26th when the letter was handed to me by the BM. I was instructed to return all company assets such as the laptop, mobile phone, and other items. Additionally, I was pressured to either accept the termination or resign from my position to facilitate receiving my Full and Final settlement from the company in 45 days. I was coerced into writing a resignation letter solely to settle the pending amount with the company.

After reviewing several posts on this platform, I have learned that I should not feel threatened if I am not at fault. Please advise me on any actions I can take, considering I was still in the probation period and had not received any show-cause notice regarding alleged unauthorized contacts with external parties. There is no evidence to support these claims.

Please guide me on the steps I can take in this situation.

Thank you.

What did you write in your resignation letter? This sentence gives the impression that you had illegal contacts but are only worried about not receiving a show cause notice. What is the truth—proof or no proof with the company? Sometimes proof comes up. Clearly state whether you were involved in taking cash. If so, our guidance will be different. If the allegation is false, members will guide you correctly.

Regards

Thank you, Mr. Nathrao, for your reply. I was in contact with the person but had not done any business with him. The reason for being in contact with him was the mobile SIM card that was handed over to me, which was used by an ex-employee of the company. I got a call for a meeting and had a discussion on this, but I totally refused to engage in this type of business in our company. After that, I shared this incident with my BM. Subsequently, that person called me again after some days, but the call was picked up by my ZM as I had left my mobile on my table. Now, ZM thinks that I am involved in such types of business with him, and I had an argument with him on this issue, which he presented negatively to the management.

"They do not have any proof against it." This means I have not engaged in any business with him. Our system is very clear – we charge the full fees from the candidates, and as per legal liaison, our company offers gifts directly to them. In fact, my salary is not sufficient for me to provide any amount to him from my pocket.

Now, please suggest.

It is a matter of trying to convince your management that you don't deal with such persons. Probably, your call records will help. There is no workable legal way out of such human misunderstanding problems. I suggest trying to convince them and also looking for a change of job. If they act on mere suspicion to the extent of termination, then it is difficult to survive in such companies.

Termination Procedures and Employee Rights

Termination for any kind of misconduct must be done following the legal procedure of issuing a charge sheet and conducting a domestic inquiry. If the company does not follow this procedure, the termination becomes invalid in the eyes of the law. Obtaining a resignation letter from an employee using coercion is also illegal, and such a resignation amounts to illegal termination if coercion is proven. The solution to such problems is reinstatement and payment of back wages.

However, since you have not worked for 240 days in the last year (your date of appointment being February 2016) and are still on probation, your case does not have solid grounds to stand on.

Regards

Thank you all for your feedback. However, as per my appointment letter, in cases of misbehavior or any similar activities, I must receive a show-cause notice or warning letter. The management is aware that such actions cannot be taken at the ground level.

Furthermore, I was given the termination letter two days later as I was out of office. Do I have the right to make a claim or file a lawsuit against this decision? The alleged misconduct was not proven, nor was any attempt made to do so; it was solely based on feedback.

I would appreciate your suggestions on how to proceed.

Sad to hear about your incident, Boss. At the end of the day, you have voluntarily resigned, so the standpoint is very weak. Yes, you could only be strong when they have issued you a dismissal letter, which no one does, since it has so many legal consequences.