Laid Off for Taking Health Leaves: What Are My Rights and Next Steps?

naveen-gidwani
My employer has laid me off citing "No Suitable Work Available" after 1.5 years of employment with the company. The reason provided is not true, as my performance has been more than satisfactory. I have learned from an inside source that the real reason behind the layoff was a few informed leaves I took in the previous month due to health issues. Since the process has shifted to a new company internally, they do not want employees who take frequent leaves.

I have been given a one-month notice; however, no formal acceptance has been requested from me. I am seeking guidance on my options and what to expect under these circumstances. I still have another 20 days with the organization and want to ensure that I follow the proper procedures before leaving. Any suggestions would be greatly appreciated.
vmlakshminarayanan
It depends on the terms and conditions of your employment contract. Irrespective of the reasons shared by you, an employer has the right to terminate the contract by paying one month's written notice or allowing you to work for one month.

Now you have the following options:

Serve the notice period properly and get relieved appropriately.

Talk to your superior, the decision-making authority, and explain the reason for leave. Assure him that you will not take unnecessary leave in the future. If this doesn't work, follow the first option.

Alternatively, challenging your employer legally is another option, but this will be a lengthy process. As a company, your employer may face spending time and money on this, but your survival during the lengthy legal process will become tough for you.
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