Termination Letter From the Employer After 2 Months notice - Head HR stating that a few of the employees got defamatory calls from my end

I was working with a company in Bangalore. On 26th Feb 2021, I was verbally communicated by the HR manager and Head HR that the last working day would be 31st March 2021. On the same day, I contacted a few of my colleagues just to inform them of my separation from the organization.

On 1st March 2021, I couriered the laptop. On 2nd March 2021, I received a warning email from the Head HR stating that a few employees had received defamatory calls from my end. I tried to convince her that I hadn't said anything against the organization; I simply informed them that I was leaving. However, she didn't listen. After that, I was not in touch with any of the employees.

After completing the notice period when I sent the exit forms on 3rd April 2021, I was informed that I would receive a termination letter or they would not conduct any exit formalities. The HR Manager was unwilling to listen at all. She asked if I had any recordings or chats, then to send them. The HR Head seemed helpless. The HR manager stated that the management was not ready, and if I wanted, they could send a termination letter. She also wasn't responding to my emails.

I sent multiple emails to the founder as well, but he didn't respond. After around 2 months (On 28th April), I received the termination letter, stating it was effective from 3rd March 2021. The date mentioned on the top of the letter was also 3rd March 2021. The reason for termination wasn't provided. Two days later, the Full and Final (FNF) settlement was completed.

It's truly a heart-wrenching moment in my life, especially during this pandemic.

Please suggest what can be done in this case. Can I request them again to provide me with the experience letter and revoke this termination? Please help me with a few impactful lines (with proper wording) to use in my request.

Having worked with them, you are entitled to an experience letter. Revocation of termination doesn't appear to be feasible. You can approach them, probably in the following words:

"An innocent intimation to my colleagues on my leaving the organization, thanks to the communication peril as it traveled from ear to ear, has got transformed to be a defamatory message. While I vouch for my firm conviction that I meant no harm to the organization and its management, whom I still hold in esteem, I am surprised at the unfortunate turn of events. May I request your indulgence to get me an experience letter testifying my days in the organization."

In earlier emails, I had already mentioned that "I still hold high regard for the organization. I have never gone against the organization; there might be some miscommunication and all." But still, the founder didn't respond.

Dear Colleague,

If your story is believed to be true, then management's action of terminating your services is unjustified and illegal.

You write to them stating the true facts of the case and how your innocent acts have been misunderstood. You also state that you were not given a fair opportunity to defend or no evidence of call record alleged to have been made by you in a defamatory way was made available despite you requesting the same.

You demand reinstatement in service, or else you will have to resort to legal action against the company.

Send this communication by speed post/courier and retain the acknowledgment receipt.

Later, you may have to move forward in consultation with a labor lawyer.

Regards,

Vinayak Nagarkar HR and Employee Relations Consultant

The act of management is high-handed and egoistic. Even if you had badmouthed the organization and the verbal way of termination of your employment in individual phone calls, it does not amount to defamation.

"Defamation has been defined under Section 499 of the Indian Penal Code (IPC) as whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person is said to defame that person."

Take legal advice and write to management about the whole sequence of events and what you actually told. But it equally speaks badly of the people to whom you spoke to go and convey it to management. From what I can read and understand, natural justice is missing and vindictive actions are seen to be done by management. Other learned members have given you good professional advice.

Hello,

In My Opinion:

1. Please check if there is any clause in your appointment letter regarding the disclosure of confidential information or any official/personal information to other colleagues.

2. If so, there is really not much that you can do about it, except for filing civil charges against the company for the incorrect date of termination.

3. Alternatively, it will be advisable to let the issue die down here only and not to escalate further. You have your salary slips, which act as an experience for you.

4. The unnecessary bad publicity will cost you heavily in your next job when a background check is done.

This is just an opinion.

Regards,

Mayank Lad

Dear Friend,

What has happened to you is not only bad but also illegal. Termination on stated grounds is bad and ill-treated. The more you communicate, the weaker your case will be. You need to seek the help of a labor lawyer (HC/LC) if you want a solution to this. The termination of your service could harm your career.

Prabhat
8093097934

Now, what do you want? Do you want to move legally or do you want to get back into your normal working life!

In accordance with the Industrial Disputes Act of 1947, Section 25, Clause 1(a), all acts must be taken seriously. It mandates that an employee is entitled to a minimum of three months' salary after completing 240 days of work. A new amendment in February 2020 specifies that an employer must provide nine months' salary to an employee upon termination without reason.

I could feel your anxiety, stress, and pain in a situation that you never thought could happen in your wildest dreams.

I suggest the following based on experience:

1 - Please call all the individuals you have been in contact with and turn on the voice recorder. Explain your ordeal to them and tactfully try to get them to confirm that you have not spoken negatively about any person or your organization. Keep the recordings for your records.

2 - Ask the HR manager for the reason stated in the termination letter that was sent to you. They are legally obligated to share the reason, or inform them that you will seek help from the Labor court to escalate the issue. According to the law, the company will also need to pay you three months' salary in lieu of your termination (though this is not our current focus).

3 - If they provide the same reason for your termination, you can use the call recordings as evidence to support your case.

4 - Additionally, mention in your email that the ongoing exchange of emails is causing significant mental distress for you. Warn that if you take any extreme steps in the future, the company will be solely responsible (this will be the final warning).

5 - Send a copy of this email to the CHRO, CEO, and your Manager.

I am confident that following these steps will help you resolve the situation. Stay strong; you are standing up against injustice, and those responsible will face the consequences of their actions.

May the truth prevail!

Mr. Sandy,

Is it legal to record a conversation on the phone without informing the other party? I suspect it will make the matter worse for the OP when he plays it back for HR.