Facing False Termination After Resignation: How to Handle Employer's Unfair Tactics?

Hi all, I was working in a company for two years and resigned recently. They didn't have any project for me, and I had received a better opportunity in my field. Before resigning, I discussed the same with my employer (owner) and was offered the same package as the new one; however, I was asked to change my field, which I couldn't. Hence, I resigned after talking to him. After resigning, their behavior changed drastically.

Notice Period Issues

My notice was for 60 days; however, I was asked to leave in a week. When I asked to extend for a month, he didn't agree and asked me to leave in a couple of days. As my new job was in another city, I hurried and found a house for rent, paid the token and everything, and gave notice to my existing homeowners. When the time came, my employer asked me to speak with HR, who in turn asked me to pay for early relieving for notice, to which I retaliated as it wasn't something I asked for. They persisted in asking me to pay, so I denied and was ready to serve the notice. However, now I was in a situation where I didn't have any house to stay, so I asked them to relieve me a month early and was ready to pay for it, to which I was told that I would be terminated. I was asked to go home and would be conveyed later about the relieving procedure.

Termination and Lack of Communication

Later the same day, I received an email of termination for not serving the notice period, irregular attendance (I had 15 leaves untaken), and a casual attitude towards work (I was promoted twice during my tenure). I replied to the email challenging the termination; however, to date, I haven't received any update from anyone. I tried calling HR and the owner; however, they don't pick up the calls and don't meet me when I go to the office. I still have the company ID with me. I need the relieving documents for my new company. I was even given a warning that legal action will be taken against me. Kindly help as I am in jeopardy here.

Dear friend, you have not mentioned what your designation was. How many persons reported to you? We need this information to check whether the provisions of the Industrial Dispute Act, 1947 are applicable to you.

Anyway, what has happened at the fag end of your career is unfortunate. Why was your employer incensed at you? Since you got a better opportunity, did you rub them the wrong way? Secondly, there appears to be a gap in communication from both sides. Do you have proof of written correspondence?

Your termination is illegal. Any termination has to be preceded by a domestic enquiry. Your company has not done that.

Anyway, I recommend you approach the Labour Officer (LO) of your area. Explain your problem. Please speak in the local language or at least in Hindi. Carry with you proof of your employment. Explain to the LO that all you are asking for is just a relieving letter. Therefore, handling this case should not be a problem for the LO. For further queries, feel free to contact me.

Thanks,

Dinesh Divekar

Dear Anonymous,

Senior member Shri Dinesh Divekar has given some valuable suggestions. When you proceed to meet the LO, please take the appointment letter (highlighting the notice period). If you have a copy of the resignation letter, take that as well. If there is an acknowledgment (even a mere receipt of your letter would do), that will be handy. If it is an email that is not acknowledged, even that would be good. For whatever is mentioned by you in the above message, please take the documentary proof that would make your job easier.

V. Raghunathan

Hi Dinesh,

Thanks for your advice. I was working as a service delivery manager and directly reported to the owner of the company. I have everything in the email and all the necessary documents.

1. You will have to fight this matter legally. Your termination is technically infructuous and has no effect whatsoever.

2. Since you were a Manager, the LO may not be able to help you.

3. Please contact a good advocate who takes up service matters of employees who are not in the workmen category; he may be able to help you with proper advice and desired actions.

Dear Anonymous,

I would suggest that you refrain from any further follow-ups with your ex-employer. A single legal notice to them will serve your purpose. However, you should maintain a communication record to produce the same when required.

Sometimes, employers do not accept an employee's resignation in good faith and often react in ways that may seem unlawful. It's better to learn from this experience and move forward to the next opportunity. All the best.

Regards,
Sapana

Hi All,

Thank you for your valuable advice. I have joined my new company and have advised them about the situation, and they seem to be helpful. However, my previous employer is trying to threaten legal action. I haven't done anything illegal, and now he's attempting to prove that I am still employed by his company, which I am not sure how.

Please help!

Hi,

Congratulations on your new assignment. Let them try to prove that you are still working with them. As you mentioned that your new organization seems helpful, you can always speak to your HR about the entire issue and show them your correspondence. Meanwhile, hire an advocate and send a notice to your ex-employer.

Regards,
Priyanka Vinda

Hi Priyanka,

Thank you for your advice. What concerns and upsets me the most is how some companies can treat their employees, especially considering I had worked for more than 120 hours of overtime and never asked for extra pay. All of this was simply to cut costs on a month's salary and bonus payout. Is this situation specific to my experience, or is it very common in general?

One of my friends has faced a similar situation as you. Never be afraid if you are right. As you said, you already seem to have all the things documented in email, but my question is, is it on the email server of the company? If it is, they might nitpick on that.

Secondly, do you have a written letter of resignation, duly signed acknowledgment form from the office HR? I would second the idea of Dinesh Divekar to approach the Labor Officer with a written request for support, and then send the notice in line with the Factories Act 1950 to the employer. Also, include the clause of harassment in the notice, which will make this more serious.

Thank you.

Hi All,

My employer has now sent me a legal notice dated a month before, asking for a compensation amount of 50 lacs as their project couldn't be completed because of me leaving, even though he was the one who terminated me and did not allow me to finish the exit formalities.