Dear Friends
I need some help in taking a decision on the below.
I have been terminated by my employer from the post of Manager citing low performance with out giving any notice period on March. I have been working with them for the past 1 year and they are supposed to give me a 1 month notice as per the appointment letter.
When I put that into their notice they agreed verbally to pay for the notice period and asked me to follow up with their Finance Dept. For the past 2 months I have been behind them and they are just delaying it saying they will give today, tomorrow etc.
I am already embarassed with their decision of terminating me as it doesn't hold any truths in their reasons and this delay has caused me mental harassement and other damages.
At the outset I would like to go legally and sue them. Appreciate if you could lend your advices in order to get my payment back.
Anish
From India, Pune
I need some help in taking a decision on the below.
I have been terminated by my employer from the post of Manager citing low performance with out giving any notice period on March. I have been working with them for the past 1 year and they are supposed to give me a 1 month notice as per the appointment letter.
When I put that into their notice they agreed verbally to pay for the notice period and asked me to follow up with their Finance Dept. For the past 2 months I have been behind them and they are just delaying it saying they will give today, tomorrow etc.
I am already embarassed with their decision of terminating me as it doesn't hold any truths in their reasons and this delay has caused me mental harassement and other damages.
At the outset I would like to go legally and sue them. Appreciate if you could lend your advices in order to get my payment back.
Anish
From India, Pune
Anish,
You have all the rights to sue yr employer for not giving you notice period or notice pay. Ideally the employer is supposed to issue show cause notice if they had any concern, record your reply and then if they are still not satisfied, they can terminate you. In your case as you said there has been no such exchange of notices or replies. You can formally issue a legal notice demanding your job back for there had been no formal enquiry on the same, or if you are not keen on the job, cause a notice claiming damages and the notice pay. In all probability, the issue will be settled in a notice itself. If this does not settle, then go for a suit.
Regards
Roopa
From India, Madras
5You have all the rights to sue yr employer for not giving you notice period or notice pay. Ideally the employer is supposed to issue show cause notice if they had any concern, record your reply and then if they are still not satisfied, they can terminate you. In your case as you said there has been no such exchange of notices or replies. You can formally issue a legal notice demanding your job back for there had been no formal enquiry on the same, or if you are not keen on the job, cause a notice claiming damages and the notice pay. In all probability, the issue will be settled in a notice itself. If this does not settle, then go for a suit.
Regards
Roopa
From India, Madras
Hi Anish,
I am completely against employers who act on instincts. But also have to warn you that your pay can be delayed or the suit itself can be delayed for a long period of time if your employer decides to spend money on the suit rather than giving you the money hence it should be the last option.
What you can do write a mail to your line manager & HR Manager requesting the reasons (as roopa said) why you werent issued a show cause notice and also reminding him the contract and your one month notice pay, also mention the name of the person who verbally agreed to pay you the same. You can also mention the mental anguish it has caused you.
If you are not in receipt of any mail from your line manager or HR in four days time you can arrange to forward the same mail or write another mail requesting the reason why he has not responded, also CC it to the HOD, AVP, President and CEO of the company if your firm does have any. Make sure this is brought to their notice that there has been a violation of the contract and that you were asked to leave for unknown reasons. What I mean is bring this to the notice of all the top people in your company.
After this and with the email replies you will have enough proof to go ahead with the suit.
Regards,
AJ
From India, Thana
I am completely against employers who act on instincts. But also have to warn you that your pay can be delayed or the suit itself can be delayed for a long period of time if your employer decides to spend money on the suit rather than giving you the money hence it should be the last option.
What you can do write a mail to your line manager & HR Manager requesting the reasons (as roopa said) why you werent issued a show cause notice and also reminding him the contract and your one month notice pay, also mention the name of the person who verbally agreed to pay you the same. You can also mention the mental anguish it has caused you.
If you are not in receipt of any mail from your line manager or HR in four days time you can arrange to forward the same mail or write another mail requesting the reason why he has not responded, also CC it to the HOD, AVP, President and CEO of the company if your firm does have any. Make sure this is brought to their notice that there has been a violation of the contract and that you were asked to leave for unknown reasons. What I mean is bring this to the notice of all the top people in your company.
After this and with the email replies you will have enough proof to go ahead with the suit.
Regards,
AJ
From India, Thana
AJ, Thanks for the advice.
The issue of giving notice period / notice pay and also about the contract has been brought to the notice of my reporting manager, HR Manager, AVP and the CEO of the company on the day of termination itself. After that the HR Manager told me the management has agreed to pay the salary in lieu of the notice period.
And the matter of payment has been escalated to the Finance Dept and these guys are literally delaying it saying fake reasons. I clearly believe that the Finance team has got clear backing from the management in their delaying game. And regarding the delay I have send several emails to the HR Manager and he never bothered to reply back despite saying over phone that the management has told him asking me to follow up with the Finance Dept. Again the things are back to square one.
It's almost 2 months since they were telling these stories and I am sure that they are not gonna pay me in the near future and even afraid that they won't pay me coz I have been seen the company delaying the salaries of many employees saying unjust reasons. More over I don't have any faith in the management too.
Anyway I will send them one more email and see what they have to say and if they are not responding in time, I will go the legal way.
Also AJ I wanna know about the legal processes related to this, especially about the duration and the success of the suit.
Thanking You
Anish
From India, Pune
The issue of giving notice period / notice pay and also about the contract has been brought to the notice of my reporting manager, HR Manager, AVP and the CEO of the company on the day of termination itself. After that the HR Manager told me the management has agreed to pay the salary in lieu of the notice period.
And the matter of payment has been escalated to the Finance Dept and these guys are literally delaying it saying fake reasons. I clearly believe that the Finance team has got clear backing from the management in their delaying game. And regarding the delay I have send several emails to the HR Manager and he never bothered to reply back despite saying over phone that the management has told him asking me to follow up with the Finance Dept. Again the things are back to square one.
It's almost 2 months since they were telling these stories and I am sure that they are not gonna pay me in the near future and even afraid that they won't pay me coz I have been seen the company delaying the salaries of many employees saying unjust reasons. More over I don't have any faith in the management too.
Anyway I will send them one more email and see what they have to say and if they are not responding in time, I will go the legal way.
Also AJ I wanna know about the legal processes related to this, especially about the duration and the success of the suit.
Thanking You
Anish
From India, Pune
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf