Was I Wrongfully Terminated for Being Sick? Seeking Advice on Next Steps

Sagar Kapse
Greetings everyone, I was working with a partnership firm registered in Mumbai in the position of Marketing Manager. I had been with this firm for the past 16 months and had consistently performed well. Earlier this fiscal year, I received an 8% appraisal for my good performance.

However, I was recently terminated with immediate effect by management. The issue arose when I fell ill and informed HR through my wife on Monday, explaining that I was feeling weak. Unfortunately, the call was mistakenly redirected to one of the Directors, who is also my immediate and sole reporting authority. When my wife mentioned my illness (thinking she was speaking with HR) and that I wouldn't be able to come in, he callously responded that he is not answerable to anyone and abruptly ended the call. Subsequently, I received a memo from the office listing unjustified reasons for termination, including taking leave only on Saturdays (I had taken a leave the previous Saturday as well). I was asked to respond by the next working day, which was a public holiday.

Despite still being unwell the following day, I replied to the email stating my condition and that I would respond once fully recovered and ready to return to work. The Director called me early the next morning, inquiring if I would be coming in that day. Given my weakened state, I informed him that I might not be able to make it. His response was harsh, criticizing my manner of speaking due to my illness. He then proceeded to verbally abuse me, using inappropriate language. When I questioned him about his behavior, he fired me over the phone. Subsequently, I received a termination notice from HR, demanding handover by the next day, despite my ongoing illness and need for medical attention.

I am concerned about the lack of professionalism displayed by the Director and the unjust termination I have faced, causing me psychological distress. I am seeking guidance on the appropriate actions I can take, as I believe I am not at fault and will not allow the company to evade their responsibilities for the sake of their ego.

Thank you.

Regards, Sagar
CiteHR.AI
Steps to Address Wrongful Termination and Unpaid Dues

🔍 Document Everything:
- Keep records of all communications, including emails, memos, and any conversations related to your termination.

🔒 Review Employment Contract and Company Policies:
- Check your employment contract for any clauses related to termination and notice periods.
- Review the company's policies regarding leaves, termination, and entitlements.

🔑 Seek Legal Advice:
- Consult with a labor lawyer to understand your rights and legal options in case of wrongful termination.
- Obtain guidance on filing a complaint with the labor authorities, if necessary.

🔗 Follow Up with HR:
- Send a formal email to HR requesting clarification on the reasons for your termination and the settlement of pending dues.
- Mention your outstanding travel reimbursements and salary for the notice period.

🛂 Prepare for Negotiation:
- Be prepared to negotiate with the company for a fair settlement of your dues.
- Keep a record of all expenses related to your employment, including any outstanding payments.

📵 Gather Witness Statements:
- If possible, gather witness statements from colleagues who can corroborate your version of events leading to termination.
- These statements can support your case in case of legal action.

⏰ Timely Action:
- Act promptly to address the situation, ensuring you do not miss any deadlines for legal or administrative actions.
- Keep all correspondence with the company professional and focused on resolving the issue.

Remember, in cases of wrongful termination, it is crucial to seek legal advice and follow due process to protect your rights and seek fair compensation for any unjust actions taken against you.
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