Facing Unfair Dismissal: Can I Take Legal Action Against My Former Employer?

Hi all,

I was recently working in an advertising agency, where I've been sacked in a very unprofessional manner. I joined the company on 16th May 2007.

On the 3rd of March 2008, I was called for a meeting and told that I was to be released from my duties to the company as the department I was heading (Digital Comm.) is to be shut down. I then demanded a notice period as per the norms of my appointment letter. I was verbally told that it would be provided in a couple of days. On the 11th of March 2008, I sent a reminder email mentioning the requirement of the notice period, an explanation for termination, and settlement of dues.

At that time, I was rudely told that I had been terminated on performance and disciplinary grounds (I had never been given any written warning or notice for my conduct until then and in reality, it is not bad at all; in fact, I received two national level awards during my tenure).

Furthermore, I was asked to leave the office and not come back, and even my office was locked for a brief period.

Since then, I have been sending them proper correspondence asking for the settlement of dues and providing a written notice, but to date, I have not received any comments from their side.

I am currently discussing the matter with my lawyers and would appreciate your suggestions on this.

Moreover, my salary for the month of February 2008 has also been stopped and has not been paid.

I would like to know:

- Is legal action against the company possible in this case?
- What compensation can I get if the matter goes to that extent?
- And finally, apart from 'breach of contract,' are there any other possible grounds for legal action?

NOTE: The company is registered with the Registrar of Companies and is a registered SSI unit (Micro Enterprise/Services category).

I was working as an Assistant Art Director in the company.

You deserve and should get legal remedies. To answer your question: You have to provide more details. Anyhow, you have consulted a lawyer. Your lawyer should have good experience in labor cases. Termination without a termination letter is an escapist tactic, which is a negative factor in your case. Consult your lawyer and try to lodge a criminal complaint.

Hi,

Whatever the grounds for your employer's termination of your employment, they should have provided you with a proper explanation in writing. In the absence of such documentation, I recommend that you seek advice from a labor lawyer regarding this matter.

Hi,

If you fail to receive the payment from the employer after having entered into full and final settlement of the account, you can file a civil suit for the recovery of office dues. In case gratuity has not been paid, then you can proceed under the provisions of the Payment of Gratuity Act. If the Provident Fund has not been released after you left, then you can proceed under the provisions of the Provident Fund Act.

I would suggest you go ahead with the civil suit and inform your employers before you do so.

Also, have a second look at the contract, but still, you are entitled to your dues. If you need satisfaction par excellence, go ahead and also file a mental harassment charge. If you were forcibly removed from the office, you can also file a physical assault charge.

If you can find at least one more colleague of yours who shares your opinion, you won't have much trouble getting your company to settle down with an apology.

At the same time, keep looking for a better offer.

Hope the above suffices.

Thanks & Regards,

AJ

Hi,

Your employer has given you an appointment letter. Please see what termination terms are mentioned in it for either side. Have you submitted your resignation? If not, then the employer-employee relationship is still in force. If it clearly mentions the notice pay, you may contact the concerned Labor Office, raise an industrial dispute, and file a recovery application in the Labor courts. I am sure you will get justice, and the employer will learn a lesson.

Hiren

Dear Sir,

File a case against your employer under the ID Act of 1947, 2 (a) i.e., Employee Vs Employer. Write a detailed letter mentioning all the activities and sign it at the end. Send it in person to the Assistant Commissioner of Labour. He will send a summons to your employer for conciliation. The rest is with the ACL.

If your conciliation fails, he will send a Failure report to the state, and the state will in turn send it to the Labour Court. Then, the court will award the judgment, mostly favoring you. Before that, keep in mind that you should not sign on an empty paper, as that may turn into your resignation letter without your knowledge. Therefore, give a letter in person to the ACL.

Thanks & Regards,
B. RAVI MURUGAN

As all of my friends suggested filing a suit for the recovery of the amounts, it is fine. Have you ever had the PF amount deducted? If that is the case, you can directly address a letter by Registered Post with acknowledgment to the Commissioner of PF. Also, send a letter to the Assistant Commissioner of Labour regarding the termination, which was not done through due process of law. By doing all of these, you could mount pressure and get the recovery of pending amounts.

I hope that your engagement of service is channeled through the offer letter from the company. You have good legal grounds, so instead of approaching a lawyer, it's better to follow these guidelines. If not, proceed with litigation by engaging the services of a lawyer.

Goodbye,
S. Sateesh

Hi Thinkjobz,

Thanks for your reply. I've sent you an email regarding the current situation. Please email me your suggestion as I am not allowed to send you a PM since I do not have a minimum of 5 posts.

Thank you so much.

Regards,
Abhay Vir

You have all rights as per your appointment letter. Please ensure all documents and communications are in reference to the same.

Dear,

You can also put your grievance in the Free Press newspaper as news and put pressure on the management to give you your dues. If you know any press person or if your friend does, they can help you better by pressuring the management image. No management wants to spoil their company image. Hope you will get justice.

Thanks,
Rameshwar