Hi,
Two months back my very close friend had joined one hotelier company. He was insisted by his ex- manager very much to join the company, upon which my friend finally agreed to work with. They had given him primary offer letter wherein salary was not mentioned. My friend joined the company without signing the offer letter as it was not complete. He kept on demanding for appropriate offer & appointment letter to them, to which his manager & owner only kept him on hold.
After a month, one day the manager who insisted my friend to join just inform him through Whatsap message that his services are terminated with immediate effect due to non performance & he will get his dues cleared in a week. And he has to submit company owned laptop & dongal.
My friend then tried calling him but he did not pick up the call. Later my friend email the manager & the owner for clearance of pending dues post which he should submit the company belongings.
After two reminders the manager mailed him that he will have to first submit the company belonging in seven days post which he will get his dues cleared. If he don't submit the company belonging in seven days then he will have to face the legal action.
Now my friend also want to go in labor court against employer for termination without prior notice, holding clearance, misleading to take the job offer & threatening to take him to legal action. However the documentations he has is only primary offer letter, message record on whatsap, mail confirmation by the manager on release of payment initially.
How he should proceed? Should he go to labor court & can file against the employer. Can someone HR legal expert advise us on this forum.
Thanks.
Two months back my very close friend had joined one hotelier company. He was insisted by his ex- manager very much to join the company, upon which my friend finally agreed to work with. They had given him primary offer letter wherein salary was not mentioned. My friend joined the company without signing the offer letter as it was not complete. He kept on demanding for appropriate offer & appointment letter to them, to which his manager & owner only kept him on hold.
After a month, one day the manager who insisted my friend to join just inform him through Whatsap message that his services are terminated with immediate effect due to non performance & he will get his dues cleared in a week. And he has to submit company owned laptop & dongal.
My friend then tried calling him but he did not pick up the call. Later my friend email the manager & the owner for clearance of pending dues post which he should submit the company belongings.
After two reminders the manager mailed him that he will have to first submit the company belonging in seven days post which he will get his dues cleared. If he don't submit the company belonging in seven days then he will have to face the legal action.
Now my friend also want to go in labor court against employer for termination without prior notice, holding clearance, misleading to take the job offer & threatening to take him to legal action. However the documentations he has is only primary offer letter, message record on whatsap, mail confirmation by the manager on release of payment initially.
How he should proceed? Should he go to labor court & can file against the employer. Can someone HR legal expert advise us on this forum.
Thanks.