Dear Sir/Ma'am,
May I please request you to guide me through some basic information as I was terminated by my employer handing over a letter stating that "your employment contract has been terminated with immediate effect- Termination without Cause as per section 4 C of your employment contact"
let me tell you the complete story in nut shell:-
I have been working with the company for 22 months and since last 18 months everything was fine. My job was confirmed in 3 months only per company's policy.
I got rating 3 i.e. 100 % satisfactory work and I got 10% salary hike.
Now, in the August month (2016) my manager put me in "Offtrack" in my mid year review all of a sudden saying that your performance is not good!
I did not agree on this and due to which we both had argument on this and my senior manager also messed up with me and I left the meeting room without saying anything and due to this my senior manager started harassing me since that day and started giving me challenges to do which was never given me earlier.
I always tried to give my best however every time they came up with findings in my work because that was the only way they could have harmed me.
I reported this to my HR manager that they are harassing me but nothing was happened and this harassment kept on going for 3 months and eventually they put me in PIP (Performance Improvement Plan) and my HR forcefully got the PIP form signed by me saying that if you do not sign then also you would be considered on PIP. I was insisted to sign the same and thereafter both my manager & Senior manager started harassing me by writing fake mails to HR, creating unnecessary situations to show me down and even made me hostile in my team by not letting me to talk to my team members. My team members also knew all this but they were also helpless as they could not have helped me as they also had to earn their living bread.
Eventually on 17th November 2016 I was terminated from my job as I sent a legal notice to the company through my lawyer.So taking legal aid is that harmful that I was terminated as and when they received the legal notice?
I kept on requesting my HR that they want me to put in PIP so that they could be able to fire me but my HR also did not help me and my director also shown her helplessness saying that she can't do anything as she doesn't sit in India. So I was insisted to take legal help as no body was helping me.from the last 3 to 4 months I have been running in depression and got 6 kgs reduced, taking regular medicines as I cannot sleep at night since I always keep on things that a person who have earned 4 degrees have been proved failed/good for nothing by my managers.
Now, My concern is where can I lodge my case? Is it in Labour court? (my company is in Gurgaon Haryana)
I was designated as "Specialist" getting salary apprx 70,000.00 PM and I was not handling any team nor I was on managerial position doing performance appraisal. Do I come under "Workman" per labour law?
Can I represent my case on my own before the labour court? what is the fees of labour lawyer if I go for lawyer to file my case?
what is the procedure of filing a case and how long does it take to get settled down?
What are the documents that I must attach with my case file in order to substantiate that I was harassed and then when I raised my voice they got me terminated?
Will there be hearing from both the parties (Complainant & opponent) in court? will my ex employer send my manager & senior manager to the court for hearing or their legal representative will say on behalf of them?
will my company provide me with my Relieving/experience letter so that I could be able to join some other company?
Do they have right & get my background check failed saying that I was terminated from my ex employer? or they cannot reveal the truth as this will hamper both my personal & financial life as without job I will not be able to nurture my family, not be able to meet daily expenses and contingencies and cannot survive longer.
Kindly help me with your expert advice to the above mentioned points.
I shall highly appreciate if a quick response s given to me as I am in vein now a days.
Regards,
Atul
May I please request you to guide me through some basic information as I was terminated by my employer handing over a letter stating that "your employment contract has been terminated with immediate effect- Termination without Cause as per section 4 C of your employment contact"
let me tell you the complete story in nut shell:-
I have been working with the company for 22 months and since last 18 months everything was fine. My job was confirmed in 3 months only per company's policy.
I got rating 3 i.e. 100 % satisfactory work and I got 10% salary hike.
Now, in the August month (2016) my manager put me in "Offtrack" in my mid year review all of a sudden saying that your performance is not good!
I did not agree on this and due to which we both had argument on this and my senior manager also messed up with me and I left the meeting room without saying anything and due to this my senior manager started harassing me since that day and started giving me challenges to do which was never given me earlier.
I always tried to give my best however every time they came up with findings in my work because that was the only way they could have harmed me.
I reported this to my HR manager that they are harassing me but nothing was happened and this harassment kept on going for 3 months and eventually they put me in PIP (Performance Improvement Plan) and my HR forcefully got the PIP form signed by me saying that if you do not sign then also you would be considered on PIP. I was insisted to sign the same and thereafter both my manager & Senior manager started harassing me by writing fake mails to HR, creating unnecessary situations to show me down and even made me hostile in my team by not letting me to talk to my team members. My team members also knew all this but they were also helpless as they could not have helped me as they also had to earn their living bread.
Eventually on 17th November 2016 I was terminated from my job as I sent a legal notice to the company through my lawyer.So taking legal aid is that harmful that I was terminated as and when they received the legal notice?
I kept on requesting my HR that they want me to put in PIP so that they could be able to fire me but my HR also did not help me and my director also shown her helplessness saying that she can't do anything as she doesn't sit in India. So I was insisted to take legal help as no body was helping me.from the last 3 to 4 months I have been running in depression and got 6 kgs reduced, taking regular medicines as I cannot sleep at night since I always keep on things that a person who have earned 4 degrees have been proved failed/good for nothing by my managers.
Now, My concern is where can I lodge my case? Is it in Labour court? (my company is in Gurgaon Haryana)
I was designated as "Specialist" getting salary apprx 70,000.00 PM and I was not handling any team nor I was on managerial position doing performance appraisal. Do I come under "Workman" per labour law?
Can I represent my case on my own before the labour court? what is the fees of labour lawyer if I go for lawyer to file my case?
what is the procedure of filing a case and how long does it take to get settled down?
What are the documents that I must attach with my case file in order to substantiate that I was harassed and then when I raised my voice they got me terminated?
Will there be hearing from both the parties (Complainant & opponent) in court? will my ex employer send my manager & senior manager to the court for hearing or their legal representative will say on behalf of them?
will my company provide me with my Relieving/experience letter so that I could be able to join some other company?
Do they have right & get my background check failed saying that I was terminated from my ex employer? or they cannot reveal the truth as this will hamper both my personal & financial life as without job I will not be able to nurture my family, not be able to meet daily expenses and contingencies and cannot survive longer.
Kindly help me with your expert advice to the above mentioned points.
I shall highly appreciate if a quick response s given to me as I am in vein now a days.
Regards,
Atul