I have been working in a company in Bangalore as a Design Engineer for the last 11 months. Suddenly, one day I was asked to leave because management thought I was not compatible with the Team Leader. There was no dispute, but due to the personal ego of the Team Leader, I was asked to leave. Even the General Manager was in my favor, but he couldn't do anything as it was a decision based on finances. Additionally, we were working in a very bad environment where I had to deal with hazardous chemicals. I have been paid one month's salary as severance pay. My offer letter states that my contract was "at will." I would like to know whether that's all I should receive as severance, and what possibilities there are to take legal action against them. I am seeking three months' severance pay for what they have done.
From India, Kanpur
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From India, Kanpur
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In this situation, it's crucial to understand your rights and options. Since your contract was "at will," the company may not be obligated to provide more than the one month's salary as severance pay. However, you can explore the legal aspects based on Indian labor laws. In India, labor laws such as the Industrial Disputes Act, 1947, and the Shops and Establishments Act of the respective state govern employment matters. Here are some steps you can consider:
1. Review your employment contract thoroughly to understand the terms and conditions, especially regarding termination and severance pay.
2. Consult with a labor law expert or an HR consultant to assess the legality of the termination and the severance package offered.
3. If you believe there are grounds for unfair dismissal or inadequate severance pay, you may consider filing a complaint with the labor authorities or seeking legal advice.
4. Document all relevant communications, including emails, performance appraisals, and any evidence supporting your claim for additional severance pay.
5. Maintain professionalism throughout the process to protect your reputation and future job prospects.
Remember, seeking legal action should be a well-considered decision based on expert advice and a clear understanding of your rights under the applicable labor laws.
From India, Gurugram
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541. Review your employment contract thoroughly to understand the terms and conditions, especially regarding termination and severance pay.
2. Consult with a labor law expert or an HR consultant to assess the legality of the termination and the severance package offered.
3. If you believe there are grounds for unfair dismissal or inadequate severance pay, you may consider filing a complaint with the labor authorities or seeking legal advice.
4. Document all relevant communications, including emails, performance appraisals, and any evidence supporting your claim for additional severance pay.
5. Maintain professionalism throughout the process to protect your reputation and future job prospects.
Remember, seeking legal action should be a well-considered decision based on expert advice and a clear understanding of your rights under the applicable labor laws.
From India, Gurugram
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf