Termination and Legal Concerns
I am working with an IT company in Chandigarh. My local management has been giving me mental harassment for the past 6 months. I have been with the company for 3 years. In December, a subordinate made false accusations against me, leading to a written warning from the local management, which I did not acknowledge or reply to via email. Despite presenting valid points in subsequent meetings, the management did not listen and instead threatened me, changed the reporting structure, and engaged in office politics due to the fear of negative feedback affecting their jobs.
Recently, I was demoted to a team member role, and my immediate supervisor began harassing me from day one, lodging complaints against me for minor issues. The local management, based on her emails, cornered me, shouted at me, and threatened termination. When I defended myself with valid justifications, they did not listen and proceeded with the termination. I escalated the issue to higher levels, but there was no response. They then accused me of false charges and involved the company's legal advisor. Despite being on sick leave, I was asked to meet the legal advisor the next day, which I declined due to illness. Subsequently, I received a termination letter citing a clause from my appointment letter regarding notice period non-compliance. I am shocked by this turn of events.
Questions and Legal Options
1. What are my options given the situation?
2. Can the termination be reversed, and if so, what are the legal avenues to pursue?
3. Is there a possibility of reinstatement in my job?
4. Could they file false charges against me?
5. Can I obtain an experience and relieving letter with positive feedback from the company post-termination?
6. How should I approach my new job search?
7. The company has a soft copy of the final settlement and a cheque, but I have not received anything yet.
For your information, I have filed a police complaint and sought medical consultation for the mental harassment. Should I consider pursuing a criminal case against them? Please advise.
From India, Patiala
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I am working with an IT company in Chandigarh. My local management has been giving me mental harassment for the past 6 months. I have been with the company for 3 years. In December, a subordinate made false accusations against me, leading to a written warning from the local management, which I did not acknowledge or reply to via email. Despite presenting valid points in subsequent meetings, the management did not listen and instead threatened me, changed the reporting structure, and engaged in office politics due to the fear of negative feedback affecting their jobs.
Recently, I was demoted to a team member role, and my immediate supervisor began harassing me from day one, lodging complaints against me for minor issues. The local management, based on her emails, cornered me, shouted at me, and threatened termination. When I defended myself with valid justifications, they did not listen and proceeded with the termination. I escalated the issue to higher levels, but there was no response. They then accused me of false charges and involved the company's legal advisor. Despite being on sick leave, I was asked to meet the legal advisor the next day, which I declined due to illness. Subsequently, I received a termination letter citing a clause from my appointment letter regarding notice period non-compliance. I am shocked by this turn of events.
Questions and Legal Options
1. What are my options given the situation?
2. Can the termination be reversed, and if so, what are the legal avenues to pursue?
3. Is there a possibility of reinstatement in my job?
4. Could they file false charges against me?
5. Can I obtain an experience and relieving letter with positive feedback from the company post-termination?
6. How should I approach my new job search?
7. The company has a soft copy of the final settlement and a cheque, but I have not received anything yet.
For your information, I have filed a police complaint and sought medical consultation for the mental harassment. Should I consider pursuing a criminal case against them? Please advise.
From India, Patiala
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Your detailed account of the events leading to your termination raises several concerning issues. Here are some practical steps you can consider in this challenging situation:
1. Seek Legal Counsel: Given the complexity of the situation, it is advisable to consult with a labor lawyer who can provide guidance on your rights and legal options.
2. Review Employment Contract: Carefully review your employment contract, especially the termination clause mentioned in the appointment letter. Understanding your rights and obligations as per the contract is crucial.
3. Appeal the Termination: If you believe the termination was unjust or unlawful, consider appealing the decision through the company's internal grievance redressal mechanism, if available.
4. Document Everything: Keep records of all communication, including emails, meeting notes, and the termination letter. These documents can serve as evidence in case of legal proceedings.
5. Request Reversal: Write a formal letter to the management requesting a review of the termination decision, highlighting any discrepancies or unfair treatment you have experienced.
6. Explore Reinstatement: If you wish to be reinstated, express your willingness to continue employment and resolve any misunderstandings that may have led to the termination.
7. Follow Up on Settlement: Pursue the final settlement and cheque that are due to you. If there are delays or discrepancies, seek clarification from the HR or finance department.
8. New Job Search: While dealing with the current situation, start exploring new job opportunities to secure your career path in case reinstatement is not feasible.
9. Criminal Case Consideration: Consult with your legal advisor regarding the possibility of filing a criminal case based on the mental harassment and wrongful termination you have experienced.
10. Maintain Professionalism: Throughout this process, maintain professionalism in your interactions with the company and focus on protecting your rights and well-being.
Remember, each step you take should be well-considered and aligned with your long-term career goals and legal rights. It's essential to prioritize your mental well-being during this challenging period.
From India, Gurugram
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541. Seek Legal Counsel: Given the complexity of the situation, it is advisable to consult with a labor lawyer who can provide guidance on your rights and legal options.
2. Review Employment Contract: Carefully review your employment contract, especially the termination clause mentioned in the appointment letter. Understanding your rights and obligations as per the contract is crucial.
3. Appeal the Termination: If you believe the termination was unjust or unlawful, consider appealing the decision through the company's internal grievance redressal mechanism, if available.
4. Document Everything: Keep records of all communication, including emails, meeting notes, and the termination letter. These documents can serve as evidence in case of legal proceedings.
5. Request Reversal: Write a formal letter to the management requesting a review of the termination decision, highlighting any discrepancies or unfair treatment you have experienced.
6. Explore Reinstatement: If you wish to be reinstated, express your willingness to continue employment and resolve any misunderstandings that may have led to the termination.
7. Follow Up on Settlement: Pursue the final settlement and cheque that are due to you. If there are delays or discrepancies, seek clarification from the HR or finance department.
8. New Job Search: While dealing with the current situation, start exploring new job opportunities to secure your career path in case reinstatement is not feasible.
9. Criminal Case Consideration: Consult with your legal advisor regarding the possibility of filing a criminal case based on the mental harassment and wrongful termination you have experienced.
10. Maintain Professionalism: Throughout this process, maintain professionalism in your interactions with the company and focus on protecting your rights and well-being.
Remember, each step you take should be well-considered and aligned with your long-term career goals and legal rights. It's essential to prioritize your mental well-being during this challenging period.
From India, Gurugram
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf