Wrongful Termination for Misconduct: How Can I Challenge My Company and Clear My Name?

I am working with XXX Company H.O in Mumbai as a sales officer, handling the Vidarbha region. I received a show cause letter in October stating that my colleague and I had misconducted with a lady by using abusive language at the hotel provided by the company. I responded to HR stating that we were not involved in the incident and provided all the details of our whereabouts at that time. However, on November 30, 2017, we were called in and handed a termination letter. At that time, we did not accept or sign the letter, but HR created such a situation that we had no choice but to accept it. HR claims they have seen CCTV footage of the incident, but they are not showing it to us. I am certain that we did not engage in such behavior, but we are unsure of how to handle this situation.

Should I file a complaint with the police against HR and the hotel manager who made the complaint? What should be our next steps?

Regards, Rakesh Kale

Dear Mr. Rakesh,

You can approach the Labour Office and file a written complaint against your organization only if you are sure that the incident has been forced upon you and that you are a victim.

If you are 100% sure that no act of misbehavior was done by you, legally challenge it by first approaching the labor officer. CCTV footage is without any voice recording, so by viewing the CCTV recording, can it be decided that you have used bad words? What was the reply you gave to the show cause notice? Can you post the show cause notice in the forum (please hide personal details, etc.) along with your reply? Then legal experts or HR experts can guide you better.

Dear Kale,

Without holding an inquiry and giving you a fair opportunity to defend your case, your termination is patently illegal. Engage a good labor lawyer and file a case against the company. You stand an excellent chance of reinstatement assuming that the charges against you are false as claimed by you.

Regards,
Vinayak Nagarkar
HR Consultant

I am working with XXX Company H.O in Mumbai as a sales officer. I have received a show cause letter in October stating that my colleague and I had misconducted with a lady, using abusive language at the hotel provided by the company. I responded to HR stating that we were not involved in the incident and provided all the details of our whereabouts at that time. However, on November 30, 2017, we were called in and handed a termination letter. At that time, we did not accept or sign the letter, but HR created a situation where we had no choice but to accept it. HR claims they have CCTV footage of the incident, but they are refusing to show it to us.

I am certain we did not engage in such behavior, but we are unsure how to handle this situation. Should I file a complaint with the police against HR and the hotel manager who made the complaint? What steps should we take?

Regards,
Rakesh Kale

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My reply after receiving the show cause notice to HR:

Dear Sir,

Regarding the show cause notice you issued to me on November 16, 2017, at Mumbai H.O., the allegations leveled against me are completely unfounded and baseless. Mr. XXX and I had dinner outside the hotel and entered the premises around 10:30 pm, at which time there was no lady present in the lobby or anywhere in the hotel, making it impossible for us to have engaged in such behavior.

I kindly request you to thoroughly investigate all the facts, particularly the video footage. I am confident that you may have mistaken someone else in the footage for us. I have dedicated four years of hard work to this company, and I hold the company's reputation in high regard. I would never tarnish the brand name of the company under any circumstances.

Regards,
Rakesh Kale

In response to your show cause notice dated November 16, 2017, at Mumbai HO, the allegations you have charged me with are totally wrong and baseless.

Mr. XXX and I had dinner outside the hotel and entered the hotel around 10:30 pm. At that time, there were no ladies present in the lobby or anywhere in the hotel, so there is no possibility of any misconduct.

I humbly request you, sir, to thoroughly review all the facts, especially the video footage. I am confident that you may have mistaken someone else for me in the footage.

I have dedicated four hard years to this company, and I hold deep respect for it. I would never tarnish the company's brand name under any circumstances.

Regards,

Rakesh Kale

The SC notice alleges that you were drunk. Have you specifically denied being drunk or even consumed liquor? Ask the hotel to provide you with a copy of the CCTV footage. The hotel front office staff have identified you as the person involved in an altercation, and your CEO had to speak to them. What did you tell your CEO? In any case, consult a good lawyer and take necessary action.

Dear Kale,

Why are you wasting your time seeking advice here? Illegal and unjust action has been taken against you through your wrongful termination. Seek remedy in the labor court if you are considered a 'workman' as defined under the Industrial Disputes Act. Consult a labor lawyer and proceed immediately.

Regards,

Vinayak Nagarkar
HR Consultant