I had been working for the last 3.5 years with my past employer. They terminated me with immediate effect, claiming misconduct behavior which includes demanding pending salary, provident fund facility implementation, etc. Now, after 15 days of termination, they have issued me a legal notice claiming compensation amount in lakhs because they faced financial loss in my absence.
So please help me. Should I worry or not, and what steps should I proceed with?
From India, Pune
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So please help me. Should I worry or not, and what steps should I proceed with?
From India, Pune
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You should immediately contact a lawyer with all documents and give a reply to the said notice. Whether you need to worry or not is a matter of studying your case, but giving a reply to the notice is important.
From India, Kolkata
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247From India, Kolkata
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Any one can suggest only after reading your termination letter and thereafter claim letter. But if they are forcefully terminated without a show cause, charge sheet, or domestic inquiry, you can seek help from any trade union leader/advisor. File a case before the labor court for illegal termination and request reinstatement with full back wages.
From India, Valsad
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From India, Valsad
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Probability is that they might not have followed the due procedure before terminating your services on the grounds of misconduct. Realizing it later and scared of any legal redress from your side, as a pre-emptive move, your ex-employer might have issued such a notice for damages.
Simply send a reply through a lawyer denying all the allegations. Raise a dispute under Sec. 2 A (1) of the Industrial Disputes Act, 1947 before the Labour Officer for the area if you are a workman. Otherwise, file an appeal against the orders of dismissal before the Appellate Authority under the State's Shops and Estt Act if the establishment is covered by the Act or institute a Civil Suit claiming damages for wrongful termination with the assistance of a Service Advocate.
From India, Salem
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Simply send a reply through a lawyer denying all the allegations. Raise a dispute under Sec. 2 A (1) of the Industrial Disputes Act, 1947 before the Labour Officer for the area if you are a workman. Otherwise, file an appeal against the orders of dismissal before the Appellate Authority under the State's Shops and Estt Act if the establishment is covered by the Act or institute a Civil Suit claiming damages for wrongful termination with the assistance of a Service Advocate.
From India, Salem
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf