Can We Challenge My Son's Termination Due to Lack of Prior Warnings and Unpaid Salary?

Dear seniors,

Greetings. My son, named Pawan, was working at Net 2 Source company as a Senior Manager of Recruitment. He submitted his resignation on 01 Feb 22 and was relieved from the company on 30 Apr 22 after completing the notice period. Subsequently, he received an email dated 22 Mar 22, stating that his employment was terminated based on the following grounds:

a) Performance issue.
b) Team Deliverables.
c) Process Adherence.
d) Negligence.
e) Data Misrepresentation.

Upon termination, all benefits associated with his position will cease to be valid. Unfortunately, his salary for the last two and a half months was not paid.

Prior to his termination, he did not receive any communication regarding the reasons for termination, such as warnings or suggestions for improvement.

I seek your advice on whether we can challenge this termination. I believe we should proceed as the proper procedures were not followed.

Thanks and Regards,
Laxmi Narain Yadav
HR Manager at Essma Felts Ltd.

Hi, On the day of relieving on 30 Apr 22, was any relieving order or clearance form issued to him? It is always advisable to collect some proof of relieving on the last working day. Definitely, such termination can be challenged through civil courts. You can challenge the backdated termination through email.

In your post, you mentioned, "After this, he received an email dated 22 Mar 22 stating that your employment is being terminated."

If your son received the communication via email, it should definitely be considered with a prospective date, which is the "sent date," as no one can send an email with a backdate. Even if they scan their backdated communication as an attachment, you can challenge that it is a clear-cut proof of victimization.

Have you received any relieving letter or resignation acceptance letter? If available, then you have a very strong case.

Even if he was terminated, they will need to pay for the days he has worked. It is strange that they would issue a termination letter after he completed his notice period. It would make sense if they had done that before he completed his notice period.

Since they allowed him to work after the termination, there are no grounds for not paying for his work. The only reason for withholding salary would be if he was involved in any type of fraud causing damage to the company. Even then, they would need to justify the matter and can't make an arbitrary decision.

Legal Action
You can go to court, but remember that it is a long-drawn process. You better speak to a good lawyer.