How Should I Handle Unjust Termination and Defamation After 24 Years with the Company?

Termination Without Notice

I was there for 24 years! And one fine day, I was terminated at the end of the day without receiving any notice or warning letter (No warning letter in 24 years). The reason cited was the litigation of my spouse with the organization. They tried to bully me into submission to drop all the litigation before starting any communication with me regarding my full and final settlement and experience letter. The threat of my termination was verbal only, and late in the evening, an email with 'Termination Letter' as the subject was sent to me. In their hurry to unsettle me, the accompanying letter cited discharge—discharging me from the services of the company. The next minute, they tried to amend the email, first by recalling it, and when unsuccessful, they sent another email citing discharge from services. The following days, despite my repeated efforts, they refused to settle my account and blatantly refused to give the experience certificate, openly citing that they would finish my career unless I negotiated the litigation of my spouse first.

Defamation and Further Actions

The HR manager was even more audacious, stating that all my full and final settlement would be sent to the Assistant Labor Commissioner (ALC), and I would have to collect it from his office. Site management went a step further by displaying my photograph on the security gate just to defame me. As my pleas were not being answered, I moved on and got employed in a much better position in another organization (I am good at my profession). After almost three months, they sent part payment to my bank account without even informing me of the details. I approached their global whistleblower platform to let them know my plight, as they claimed to have people as the first priority in their much-advertised organization policy. They did nothing. In between, they did something really horrible to my reputation of 24 years.

Seeking Advice

Now, after more than two years of separation from them, I want to reclaim what is mine. Can the members suggest what options I have now and/or should be exercised? I stay eternally positive here and am open to all comments.

Hi,

What do you mean by "litigation of my spouse with the organization"? It is not clear. Did your wife proceed with any legal action against your employer? Not clear.

Still, the way you were shown the exit door is not right after 24 years of continuous service. There should be some underlying issue between you and your employer. You can provide more details for members like us to comment.

My spouse was also an employee of the same company for 23 years. She was terminated on grounds that are being challenged as per the laws of the land. As she entered into litigation over this matter, the company attempted to settle with me. Their intention was to involve both of us in legal proceedings, potentially leaving us without a stable source of income, a situation I managed to avoid at that time. I am currently exploring some options.

A civil action lies for getting back the amounts that are due as well as for claiming damages on more than one ground, for illegal termination, and tarnishing your reputation included.

The background of your case seems very complex. This should have been challenged at the time of your exit itself. I hope you are preserving copies of all communications that took place at the time of exit. Now, you can demand your statutory dues, including full and final settlement and gratuity, from your ex-employer. Draft a request letter and send it through Registered Post with Acknowledgement Due (RPAD). I suggest you resolve this amicably with your ex-employer without escalating it to a legal forum to the maximum possible extent. Your ex-employer cannot deny statutory benefits like gratuity and FFS. Your silence for two years is an added factor for your ex-employer. Still, you can knock on the door.

I approached them in between, but they sent me a legal notice not to communicate with them! At that time, I kept quiet as the survival of my family was more important to me. They want me to go the legal way. But now, I am in a better financial position and can take the bull by the horns! I have already sent the communication through registered post and am expecting a response. In the absence of a response, what are the options now?

Hi,

If they are not ready to resolve it amicably, then the last remedy is only legal forum. It is advisable to appoint a Labour Consultant, preferably retired Additional/Joint/Assistant Commissioners of Labour who practice as consultants. They will be able to assist you for sure.

Dear colleague, it is high time now for you to knock on the doors of justice as you have waited too long in vain. However, before approaching any authorities under the Industrial Disputes Act, thoroughly examine your status to determine whether you are a 'Workman' or belong to the Supervisory/Managerial category. Under labor laws, your case will entirely hinge on the determination of this single point. Otherwise, you may explore approaching the Civil court after obtaining expert legal opinion.

Vinayak Nagarkar HR Consultant

Everyone in this forum can understand the pain caused to you by the ignominious exit and illegal denial of terminal benefits by your ex-employer for no fault of yours. As rightly observed by Mr. Vinayak, the remedy lies in the job position you held in the previous organization and the possibility of condonation of the delay between the cause of action and the claim.

From your successive posts, I infer that you might have been employed in a managerial cadre position before your exit. As such, you can claim damages from the employer for breach of the employment contract through a civil court. For your gratuity, it would be better to file a claim before the Controlling Authority under the Payment of Gratuity Act, 1972, for the area where you last worked.

I hope this information helps you in pursuing the rightful resolution of your situation.

Best regards,
[Your Name]

Thank you for all the advice. As the organization wanted me to take the legal route (they sent me the legal notice earlier, at the time of separation), I avoided it as it means falling into their trap and denying the opportunity for employment. I was well above the Manager over there, and they put every effort into communicating with my current employer by badmouthing me through registered post. I survived that by being upfront with my current employer in the first meeting itself. I have a copy of that communication with me. They tampered with my name in the EPF account, and I handled that, having proof of it. They reported me to the authorities, and I have proof of that too. And what not!

Regarding legal matters, I will only resort to it as a last option but am positioning myself for law studies. Sometimes, I have to stand up and show the mirror. By the way, some of the world's firsts are credited to my name through that organization, and I am still proud of that association.

The revised text with corrected spelling, grammar, and proper formatting is:

Only option left to you is to consult a good labour consultant and a legal adviser and send a legal notice to the company.

Please let me know if you need further assistance.