Can My Employer Deny Notice Pay and Settlement After Forcing Me to Leave?

I would like to know if action could be taken against the employer as they had asked me to leave the company without any notice. Now, when I went there for the notice pay and full and final settlement to HR, I was denied any payment in lieu for the notice period and even for the days I had worked. They even stated that "We have not asked you to leave; you were absconded." Kindly suggest on the same.

I would like to know if action could be taken against the employer as they had asked me to leave the company without any notice. Now, when I went there for the notice pay and full and final settlement to HR, I was denied any payment in lieu for the notice period and even for the days I had worked. They even stated to that extent that "We have not asked you to leave; you were absconded." Kindly suggest over the situation.

You have two options:

1) Go for action under the Payment of Wages Act. Refer to this link for all rules: [Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/)

2) Go for action under the Shops and Establishments Act. Please specify your state of employment for the correct answer here. Please specify your state.

Dear sir,

My termination letter dated 21/09/2016, without information/notice, still does not clarify my Gratuity and other dues. Please suggest to me.

Please write immediately to the Deputy Commissioner of Labour in your jurisdiction as they are the competent authority. They will assign a Labour Inspector to verify the case and provide a report.

Seeking Advice on Unjust Termination and Denied Payments

Kindly suggest what to do if I was asked to leave the company due to alleged non-performance without any written notice or email. Now, they are refusing to pay any amount in lieu of the notice period and are also denying payment for the days I worked.

Kindly also suggest what action would be appropriate in such a critical scenario, as my offer letter clearly stated that if an employee has worked for more than six months (I have completed six months in the company), they must receive either a 15-day notice or 15 days' pay in lieu of that.

Regards

Hi, I'm Raghu, and I'm working for a private limited company as a sales manager in Karnataka for the LED TV division. I joined the company on 11/07/2016, and on 28/09/2016, the company shifted to the Mobile business, confirmed through email. On 25/10/2016, I received a termination email stating that the LED business was being shut down and my services were no longer required, with a deadline until 31/10/2016. I requested a one-month notice period or one month's salary as compensation, but the company refused and insisted I send a resignation email to HR. Just a month ago, the company had moved me to the Mobile division, but the termination notice claims I was removed from the LED division.

I am seeking your advice on whether I can file a complaint with the labor commission as there are currently no job openings elsewhere. Please advise.

Dear Raghu,

Before taking any action, please read the terms and conditions of your appointment letter. There should be specific grounds for filing any complaints with the authorities, and the documentary proof should align with your termination. Once the termination letter has been sent to you, how can you resign?

Dear Goodluck,

Your post is confusing. First, you mention being terminated and refer to a termination letter, then you indicate it was oral. Additionally, you state that HR claims you absconded. What is the actual reality? Please provide a detailed and chronological sequence of events with dates. Only then can someone assist you.

Thank you.

I was working in a company (BPO) as a Quality Analyst. I was asked to leave without notice, citing a non-performance issue. HR simply said, "Don't come from tomorrow - 5th Aug 2016." Though I instantly approached the senior manager, I didn't get any response from him. When I said I would escalate this case, they said, "Do whatever you want." As far as notice is concerned, HR could have easily sent me any notice via my official email ID or in written form, which they didn't.

After a month or so, when I went to the company to inquire about my full and final settlement amount and notice pay, HR shockingly said, "Which amount?" and mentioned, "We don't have any update regarding your resignation letter. You are NCNS (No Call, No Show - Abscond)." When I questioned how they could say that when they had asked me to leave, the HR executive said, "I didn't ask you to leave, and there is no salary of yours in the company." Though he later admitted during the conversation that "we terminated you," he still denied asking me to leave. He further challenged me by asking, "Where is it written?" Although later they mentioned I would get the salary for the days I worked if I submitted a resignation letter, which is very unethical as it wasn't me but the company's decision to ask me to leave.

If there was a requirement for any notice, it should have been from the company. Also, the fact that I received the salary for the last month (July 2016 via cheque) on 12th Aug 2016 suggests that I was asked to leave. If I had absconded, I would not have received the entire salary amount. Employers would typically deduct pay for not serving the notice period. Even after that, I have been constantly trying to contact them with no success. I firmly believe an employer cannot ask someone to leave the company without notice unless there is a disciplinary issue.

Please suggest what further steps should be taken from my side regarding the same.

Thanks.

It would have been good if you had put this detailed post at the start. Anyway, it seems that the company is very clear they don't want you. Probably your work has been poor or not up to the mark, and someone in HR has been very smart. It is also clear that the company management (at least the immediately operational team) is aware of the same and in favor of removing you immediately and without pay. Sorry to say that such an attitude would be there in a large BPO only if your work or attitude was bad or you have done something seriously wrong (at least that has been my experience).

Now, if we analyze the series of activities, we will know where you stand. HR asked you to leave (don't come from tomorrow). They didn't give anything in writing. Unfortunately, you didn't insist on a written instruction, and you didn't bother to actually come the next day. You approached your manager, who didn’t respond (he is probably the one who insisted you be removed). You threatened to escalate but didn’t. So there is no proof that HR asked you to leave. All your discussion and protest was oral. On the other hand, they have proof that you did not come for work and didn’t give any reason or take approval for not coming. That was a serious mistake on your part, and a very smart move by HR.

Since you "absconded," they don’t need to terminate you, they don’t need to hold a domestic inquiry, they don’t need to do anything to show you needed to be removed. You left, and so they are now terminating you for not coming to work and not taking approval for absence. They don’t need to send you a notice if you are not coming to work voluntarily. Actually, they need to send you a notice asking you to return to work in xyz days, but I am sure they will create that letter when needed (backdated, of course).

You say HR admitted during the conversation that he asked you to leave. But do you have any proof? If not, then it has no legal standing. They paid you your previous month's salary on 12th August. That does not prove anything. They will claim that you worked and you were there the previous week, so they didn’t know you were absconding. So they paid because the salary was due to you. It does not prove that you were asked to leave or that your absence was approved.

You were asked to leave on 5th Aug. So if they consider it as absconding, they are entitled to deduct notice pay (15 days, as you have mentioned), which is more than the number of days worked. So they are then justified in paying you nothing. Their offer of paying you a salary for days worked (5 days) can also be construed as avoiding future disputes by keeping the records clear. Again, the offer to pay for resignation is oral, and no evidence is available to you.

You can always decide to fight, in which case, get a good lawyer. But remember that the courts will take years to give a decision. The company has money for a fight and lawyer fees. Do you have the same? And what happens to background checks from future employers? In case you want to move ahead with your life, get a clean settlement by resigning and getting the relieving letter. The salary of 5 days will make no difference in any case, I suspect. It's a decision that you need to make, keeping in mind the future career.

Thank you so much for your reply and for your input on the above case. I would like to share a few points in the context of the situation. I have always worked with utmost dedication and have strived to meet expectations. However, there is always room for improvement. The company has every right to ask someone to leave if their performance is not up to par, but they should not do so without allowing them to serve a notice period.

If there were concerns about my attitude, I am certain I would not have worked for more than six months. Moreover, they would not have allowed me to work for such a long period. Regarding the request for me to give a written statement when they asked me not to come in the next day, I raised my concerns but to no avail. I even approached a senior manager, not just the manager, but again, there was no resolution.

In terms of proving whether they asked me to leave or not, there are relevant points to consider. I was asked to leave on August 5th, and when I went to collect my last month's salary check on August 12th (for July), they simply gave it to me. If I had been absconding, they would not have handed over the full salary. They also would have sent a written notice to my address or email. I have recordings of conversations where the HR executive initially mentioned "NCNS" (No Call No Show) but later admitted to termination.

I have reviewed some HR policies that clearly state an employer cannot ask someone to leave without notice unless there is a disciplinary issue. I find it unethical that they are pushing me to resign when they did not allow me to serve a notice period. If they had let me serve the notice, I would not have felt compelled to write this. It's not just about the salary but about the ethical conduct of the company.

Considering Further Actions

Would sending an email to the CEO help further? I am considering this as I want to avoid legal action and move forward. Please advise on this matter.

Thank you,
Good Luck

I will come back to the original point I made (perhaps that got lost in the whole thing I wrote). HR has played a smart trick on you. The reason and background of why HR wanted you out of there is immaterial from the legal/compliance/redressal point of view. They terminated you without notice, but did it in a manner that their paperwork is complete. Their morality is also immaterial once you have decided to move on unless you want to stand by your principles at the cost of your career.

You have evidence in the form of a recorded conversation. That is good enough for you to proceed with legal action, either by complaining to the local labor commissioner or by going to court. Whether it makes sense is something you need to analyze.

If you do not want to go to court, you can send an email to the CEO/MD of the company, giving them a very clear and concise understanding of what happened and explaining that you are only asking for what is due—notice pay and a clean separation. In the email, you should also state that you have evidence in the form of a taped conversation with HR in which they have admitted what they have done.

The alternate way is to have a lawyer send a legal notice to the company, obviously to the CEO, and then ask them to settle the matter by paying the notice pay and the cost of the legal notice. In most cases, especially where the taped conversation is involved, the company will find it very much worthwhile to give you the notice pay.

If they don't, you can either let it go or take legal steps. In either case (even in writing to the CEO), consider what the impact on the background check that your future employers may be doing. Of course, if the HR gets fired for this, then your future reference check is probably okay.

Regards

Steps to Address Unjust Termination

First, you need to write a letter to the management stating your readiness to work and requesting permission to resume your duties. You should outline the incidents where the company did not allow you to work, despite your reports on [date], sent by Registered Post. In conclusion, mention that if a reply is not received within 15 days, you will be compelled to take legal action against the company.

If a response is received from the company, follow the instructions provided. If no reply is received, you can raise an industrial dispute with the conciliation officer or Deputy Labour Commissioner of your local area and proceed accordingly.