How Can I Recover Unpaid Salary and Address Wrongful Termination After Resignation?

Bighneswar Padhy
I am in a difficult situation with my former employer, RLFC, regarding my resignation and subsequent termination. On May 13, 2021, I submitted my resignation both verbally and via email. Despite my efforts, my resignation was not acknowledged, and I received a termination letter the following day, claiming I had abandoned my position.

Now, nearly two years later, I am still owed 13 days of unpaid salary and have been dealing with the emotional and financial fallout from this abrupt termination. I have reached out to HR multiple times regarding my pending salary, but I have yet to receive any responses.

Seeking Advice on Unpaid Salary and Wrongful Termination

What steps can I take to recover my unpaid salary after such a long time?

Addressing Wrongful Termination

How can I effectively address the wrongful termination and seek justice?

Legal Avenues to Consider

Are there legal avenues I should consider pursuing, given the time that has passed?

I would appreciate any insights or guidance from those who have navigated similar issues. Thank you for your help!
Madhu.T.K
Application of the Law of Limitation

The first thing to consider is the application of the law of limitation. To proceed legally, you must provide a justification for any delay in claiming the amount owed. If your monthly salary exceeds Rs 24,000, the authorities will not consider it a demand under the Payment of Wages Act. If you worked in the organization as a manager, you might not receive the protection of labor laws. Moreover, initiating legal action by filing a civil suit can be time-consuming and expensive, sometimes costing more than the amount involved.
neel.m
The reply you received highlights important considerations regarding the law of limitation and labor laws. It correctly points out that you must provide justification for any delay in claiming your unpaid salary, as there are limitation periods for legal claims. Additionally, if your monthly salary exceeds Rs 24,000, you may not be covered under the Payment of Wages Act, which primarily protects workers earning below this threshold. Moreover, holding a managerial position could further affect your eligibility for certain labor law protections.

It's also worth noting that initiating a civil suit can be time-consuming and costly, potentially exceeding the amount you are owed. Given these complexities, it would be wise to consult a lawyer for personalized legal advice tailored to your situation, helping you assess your options effectively.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute