Unjust Termination and Withheld Dues: Can I Take Legal Action Against My Employer?

Hi, Ershad here. I have worked in an industry for close to two years. I was scheduled to work on Dec 5th and Dec 6th. However, due to the unfortunate passing of the honorable Chief Minister of Tamil Nadu, it was declared as a compulsory leave. Instead, I was scheduled to work on my days off. I requested a leave on my days off, but my manager refused and scolded me. Feeling tense, I ended up scolding him back. When I returned to the office on the next working day, I was given a show-cause notice and asked to explain the situation. Despite my explanation, it was deemed unacceptable, and I was forced to resign. I agreed and went home, but later realized this was unjust. Filled with anger and pain, I returned to the office and threw my ID card, leading to my termination on grounds of violating the code of conduct. Additionally, they have withheld my balance dues and Full and Final settlements. I had previously complained about my manager's behavior to the HR manager and Deputy manager, but no action was taken. This recent incident highlights the ongoing issue. Now, I am left without salary, a termination letter, or any resolution. I seek guidance on whether I can file a legal complaint or how to seek justice in this matter. I await your response.

Regards, Ershad Aneez

Understanding the Importance of Domestic Enquiry

The content of the show cause notice and its reply is crucial before deciding the merit of the case. Even if the company is not satisfied with the reply, it is bound to conduct a domestic enquiry against you before taking any steps (assuming that you fall within the category of workman). The company did not conduct any domestic enquiry; hence, it is a violation of the principle of natural justice.

Illegal Termination and Resignation

Being forced to leave or asked to resign is illegal. Such termination is unlawful if you can prove that you have been coerced into submitting your resignation.

Misconduct and Termination Validity

Obviously, throwing an ID card or showing anger is misconduct. However, if you can prove that you had already submitted the resignation before the termination, your termination may become invalid, though this varies from case to case.

Challenging Termination or Opting for Settlement

Prima facie, your case appears to be a situation of illegal termination. If you wish to challenge the termination, then you should not request a full and final settlement. However, if you do not intend to challenge the termination, then you should only ask for an F&F settlement. If the F&F settlement is not provided, then you may need to take legal action against the company. You are the best judge to decide whether you want to challenge the termination or opt for the F&F settlement (you cannot request both).

Clarifying the Facts

Initially, you mentioned that your service was terminated for throwing the ID card, but later, you indicated that you do not possess a termination letter. What is the actual fact?

Filing a Complaint and Preparing Your Case

You can certainly file a complaint. For better advice, provide all details of facts chronologically, along with documentary evidence. The show cause notice, its reply, any termination letter, and other relevant documents need to be reviewed first. If you wish, you can hire a lawyer to represent you. It is also advisable to prepare your case thoroughly before taking legal steps.

Regards

This is a reply to the previous email. Now, when I asked my HR to provide some papers stating I was terminated, he said directly to my face, "Nothing will be given. Do whatever you think, even if you want to do it legally, go ahead." That was the last thing we spoke about.

This is not right. I have worked in many companies, but this company is different. I think that's how some BPOs are meant to be. Now, my question is: you mentioned "terminating needs to be done formally, not just verbally without any documentation." If it's done in that way, is the employee eligible for F&F (Full and Final) and past dues, or can't they even get any papers showing they were terminated?

Have you gone to HR and threatened them by saying you will take legal action? Please provide details of exactly what you have done.