Was My Job Termination Fair After a Medical Leave? Seeking Advice on Next Steps

I met with an accident and was bedridden for two months due to severe fractures. I initially informed my manager about my absence. However, I have recovered and wanted to go back, but I was informed that my employment has been terminated due to unauthorized absence. They say that they tried to contact me and I was not reachable; hence, they sent me letters which I haven't received.

I have all the medical documents, but they say the system is updated as termination, and they can't change it. They are refusing to provide any documents to me. What I believe is it's against natural justice without even knowing or letting me explain the situation. I don't know what to do now.

Initial Communication and Injury Details

First, I hope you have recovered from your injuries. How did you inform the manager? Was it through mail, phone, or did you send someone to tell him? How far is the office from your residence? How did the injury occur—during work or at home?

Steps to Address the Termination

You need to write to your Managing Director (MD) and inform him about the illegal termination, requesting his intervention. Send copies of your medical records for his perusal and seek to be reinstated with your leave regularized as EOL/sick leave, etc. If the higher-ups do not assist you, consider approaching the Labor Officer if you are a worker or seek legal action.

Dear Abid,

There are three things involved in your posts. Two are stated, and the third is implied or assumptive. The stated things in your post are your sickness and the termination arising from it. The third, which is unstated, is termination arising out of your non-communication. You have not written anything in your post about how you remained in touch with your employers.

Yes, you were bedridden, but did it mean that you had no means of communication? How many times did your family members speak with your employers or someone from the HR department and seek their guidance? Why did you not apply for Leave Without Pay (LWP) on medical grounds? Why did you feel that once the manager is informed about the sickness, the matter can be laid to rest until your recovery?

Yes, since you were terminated without a domestic enquiry, it can be deemed as illegal. Nevertheless, the predicament that you are in could be due to non-communication. However, an employee's grave sickness does not exempt them from dignified solemnness.

As stated by Mr. Nathrao, you may write a letter to the MD of the company. However, rather than highlighting the illegality of the termination, ask for your reinstatement. Secondly, include in this letter remorse for the lack of communication.

Thanks,

Dinesh Divekar

Dear Abid, it is very sad to know that your employer has terminated you on the grounds of unauthorized absence (absconding) from service. You want to know whether your "Termination" is lawful or not. I do not have much idea about the nature of your establishment. There can be termination on the grounds of unauthorized absence or absconding, under the provisions laid down in standing orders or rules framed by the establishment. Even though there are provisions for termination, one must follow several procedures before terminating anyone. Based on that ground and the material facts provided by you, the 'termination' seems unjust.

You have nothing except to try and make an appeal to your MD, as suggested by Mr. Nath Rao. Now you need to move an application [along with medical documents & if any case is registered for your accident in the Police] through your Department Head (whom you had reported your incident to HR) to give you joining as you have not received any communication. If no result is yielded, then you can challenge your termination in the Labour Office by filing a complaint. To file the complaint, you need to have a copy of the Termination letter.

I fully agree with Mr. Divekar that you were bedridden, but the communication could have been done by you through email, WhatsApp, SMS, etc., but you did not do it. If it was not done by you, your family members or friends could have done it to avoid this situation.

Approaching the Situation Diplomatically

First of all, try to get back to work in a diplomatic manner by approaching your office. Do not try to put the blame on others, and try to reconcile with the fact that part of the issue also lies with you. Your admittance may mitigate the issue a lot, and if the MD/Director is convinced that you have a good cause for being on leave, he/she may even allow you to rejoin, though there may be some changes in the employment terms, including starting fresh with you or something similar. Confrontation may not solve the issue, but diplomacy and admitting fault may help you in getting back the job. Communication, as already stressed by some experts, is vital, especially having it on record. Wish you good luck.

Steps to Take After an Accident

One very important piece of information you need to share in the forum is how you informed your employer about your inability to attend the office due to an accident. Whom did you inform? What is your designation? Do you fall under the workmen category? Has your employer issued you a termination letter? If not, then go to your office, report for duty, and meet with your supervisor/HOD/HR. Ask them to put you back on duty. Bring photocopies of all documents related to the accident.

Challenging Termination

If you have documents to prove that you informed them, you can challenge the termination. You may be reinstated with back wages minus the period of sickness. If you are under the workmen category, meet with the Government Labor officer or the relevant authority to raise an industrial dispute. If you are a workman, your employer CANNOT terminate your services easily.

Seek Legal Assistance

Please remember to seek the help of a good advocate experienced in handling such matters. If you are a member of a Trade Union, approach them.

Warm Regards,

Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

Dear colleague, if you have been informed that your absence is due to an accident and have followed it up from time to time in writing with proper medical certificates until your reporting for work, the management's action of termination is patently illegal. You can raise a dispute by engaging a competent labor lawyer by invoking provisions under the Industrial Disputes Act/Rules, provided you fall into the workman category. Before taking that step, try approaching the highest authority in your company, as advised above, by putting all facts/documents and appealing to them for intervention for your reinstatement. If you don't succeed, then resort to legal action.

Regards, Vinayak Nagarkar HR Consultant