How Can I Challenge My Termination Due to Medical Leave and Offer to Pay Notice Period?

Dear All, I worked with a Pvt Ltd firm for the last three years and performed well during this tenure with the company. I also received two promotions. However, in November 2020, due to medical illnesses, I decided to quit my duties and resigned via email. I mentioned that I was unable to serve the notice period due to my medical issues but was ready to pay the recovery amount in lieu of the notice period. Despite this, my company terminated my services, citing unauthorized absence, even though I was easily reachable via email and mobile. I kindly request your guidance on how to have this termination revoked.

Thank you.

Approaching the Company

You will need to approach them, explaining the whole background, detailing your health history, the COVID situation in your area, as well as the resignation you have submitted, which has not been rejected. You can challenge the allegation of unauthorized absence by stating that you were not given any notice or opportunity to explain your side of the story in response to the charge.

Requesting Resignation Acceptance

You can request them to accept your resignation based on health reasons and to complete the full and final settlement process. If they fail to do so, you will be compelled to explore the legal options available to you, at the risk and cost of the organization. Additionally, endorse your statement of claim, including notice pay, leave encashment, etc.

The termination on the grounds of unauthorized absence is not only vague but also viewed poorly in the eyes of the law. First, discuss in writing (representation) with the management and convey your feelings, suggesting the consideration of resignation instead of termination.

Be prepared to challenge the termination if the management does not agree with your viewpoint. In this case, it is crucial to determine which occurred first: your resignation or the date of your termination.

You have a positive case on your hands, as you willingly put in your resignation with a reason of not serving the notice period. The best solution to your concern can be to first have a meeting with the management, explain the whole situation, and request them to accept your resignation and complete your full and final settlement by paying you salary in lieu of notice.

Make sure you have a record of all the conversations related to this matter, i.e., avoid verbal communications. In case the matter is still not settled, you can surely file a case against them, along with your medical reports to support your reason for resignation and a copy of conversations as proof of the unacceptable behavior by the company.