Facing Termination and Legal Threats: How Can I Move Forward After Workplace Drama?

Hi, I was working with an organization and I also referred my brother, who graduated recently, to my office. He got selected but was terminated due to poor performance. I continued to work in the company, giving my best.

Discovery of a Workplace Affair

Later, I came to know of a shocking event happening in the workplace: my manager and a coworker, who is less than half her age, are in love. The coworker is spying on everyone, taking advantage of the situation and gossiping about personal matters to our manager via phone chat and email. The main issue here is that our manager is related to the directors and company owners and has been with the company since the beginning. The management believes her more than the employees, for the reasons mentioned above.

I found out about the relationship when my coworker, who had already left the office with my manager, called me to switch off his system. I discovered his Gmail inbox open, with their chats displayed, including backups of WhatsApp messages between them. I stumbled upon this information out of curiosity.

Consequences of the Discovery

My manager eventually discovered that I, along with two other colleagues, knew about their relationship, which fueled her grudge against us.

Incident with My Brother's Files

Regarding my brother, he asked me to send certain folders he had saved on the company's server. I zipped the four folders he requested, uploaded them to my OneDrive, and sent him the link. A week later, the CTO informed me that these folders contained source codes he had worked on during his tenure, and I was asked to hand over my ID card and leave for the day.

Three weeks later, I received notice that I had been terminated for alleged software piracy, as per company policy. I was not given an opportunity to explain the situation, despite clarifying with the CTO that it was a mistake on my part. I provided a written explanation as requested.

After this incident, my manager used the opportunity to push me and the other two employees out of the office. I was terminated, while the others were let go under pressure, warned that refusal to resign would lead to termination.

Seeking Advice on Next Steps

Now, as I request my former employer for relieving letters to seek new employment, I received an email response threatening legal action if I attempt to contact anyone in the office, including the suggestion of pursuing a police case against me.

I seek advice on how to proceed:

- Can I secure new employment with termination letters?
- How can I obtain relieving letters from my former employer?
- What should I do if they follow through with the cybercrime case as warned by my CTO?

At this stage, there is no point in discussing what was happening in your office and the circumstances that led to your removal. Nevertheless, what we need to know is what your wish is now. Do you want to challenge your termination, or have you accepted your removal as fait accompli but just want a relieving-cum-experience certificate?

Whatever the reasons for your removal, your company should have conducted a domestic enquiry and given you a chance to defend your case. Far from a domestic enquiry, in your case, it appears that you were not even issued a show-cause notice. Therefore, your termination is illegal. However, proving it to be illegal is not easy and involves a very long and drawn-out litigation process.

You may approach the Labour Officer (LO) of the area where your company is located. You may explain your case. There is no need to tell him about your brother and his removal, the affair of your senior, etc. Just inform him about the alleged breach of data security. If you are ready to accept the punishment and are simply asking for the relieving-cum-experience certificate, then he is expected to help you.

Thanks,

Dinesh Divekar

I have emailed our higher management requesting them to change my termination letter to a relieving letter and reissue it to me so that I can join another firm. However, I received a reply stating that if I attempt to communicate with anyone in the office, he will involve the police to pursue the pending FIR against me. Additionally, there is no HR department in our office; all decisions are made by my manager and then conveyed to the higher management.

In my situation, all I require is for the letters issued to me to clearly state that I have been relieved from my duties and to provide me with my relieving and experience letters. I am also seeking clarification on the potential punishment or charges if I were to admit fault at the Labor Court in the state.

Time is of the essence as I have been receiving numerous interview offers, but I am unable to commit to any due to the current termination letter issued to me.

Thank you.

Determining Workman Status Under the Industrial Disputes Act, 1947

You have not mentioned your designation and gross salary drawn to determine whether you come under the purview of a workman as per Section 2(s) of the Industrial Disputes Act, 1947.

Challenging Illegal Termination

If you challenge your illegal termination, the management may relent and come to a mutual settlement. All information furnished by you is not relevant to conclude the matter. What matters is the contents of the termination letter. Whether the termination of service is as per the clause of the appointment letter, which does not cast any stigma. If it is termination as punishment, it definitely harms your future job prospects. Please revert with factual information because the management has not conducted any inquiry before terminating your service. Admitting it is a cybercrime warrants a proper inquiry.

First of all, you are receiving free advice in this forum from knowledgeable members, and you expect them to spend their hard-earned money to give you a call and then provide you with "free advice"? :D Your expectations are too high, my dear friend.

From the above discussion, it appears that you will be covered under the ID Act, but since you have admitted your guilt in writing, it may be difficult to prove your case.

If the company decides to file a case against you for cybercrime, you may need to hire a lawyer to defend yourself.