Concerned About Delayed Full and Final Settlement After Termination – Can I Take Legal Action?

Team, My employer has terminated me for unsatisfactory work. Now, they have also had me sign a non-disclosure agreement. My last working day was on 11-08-2022. I am concerned about the processing of my Full and Final settlement as it has been more than 50 days now. I have written confirmation from the Director of Operations stating that it would be processed within 45 days. I have followed up with HR via email for an update, but I have not received a response yet. I will wait for the upcoming week to ask for an update, considering the company tends to process salaries late, typically between the 3rd to the 7th of the month. If I do not receive my Full and Final settlement from this company, would I be able to file a case?

Hi, As the Director of the Company confirmed in writing regarding your settlement, please wait for the same.

I think there is more to the story than what you are disclosing here. You claim the company terminated you for non-performance. They took an NDA, which is also acceptable. They didn't ask for a Non-Compete.

Asking to wait for 45 days for F&F is illegal as the law says they need to complete it in 30 days (wages to be paid in 2 days under the Factories Act). However, you have implicitly agreed, so you may as well wait. If you believe they will process it with the September salary, then you should wait for the 7th anyway.

Have you spoken to the HR team and asked what the problem is? Making a phone call is usually easier than sending an email that may be ignored.

In the end, if you do not get your salary, you can always file a complaint. If you are a 'Worker,' then you can go to the labor commissioner; else, it is a civil case, which is pretty expensive to fight. You may seek the help of your union if there is any.