Respected Sir/ Madam,

I am Naresh Punshi. I was selected as the role of a Sr. Store Manager for a Luxury Brand.

We were informed of no payment during 14 days of training; only travel compensation will be nearer by the company. Before I could complete my training I underwent a surgery that I was not even thought of. The company delayed the insurance procedure for more than a week as resulting in more pain and more loss of pay for me.
After successul operation and a week's rest I joined back but was informed by the doctor not to work in night shifts. But the store incharge still insisted that I work night shift. I agreed as I had no issues. I had never been a single minute late for my shift nor did I have any complaints with the wonderful staff that I had supporting me.

After a week I came to know that my Dad had to undergo a surgery and the risk level was higher as Dad had underwent angiography and angioplast.
I had informed a colleague that I may be late as I had to finish the hospital formalities. I did manage to reach well before time. I never used my cellphone on the floor and used to keep it in the cash drawer and checked it only in intervals of a hour or so. But that day as I was tensed I kept my phone with me and sat on the couch on the floor. I was playing a game as a stress buster.

That is when my brother called me. As he seldom calls me. I answered his call and I could hear him tensed and could hear my Mom crying. I started questioning my brother about what's wrong as any risk involved should have been on the day of operation. ( in my case it was the next morning).

Before I could finish my call. A colleague patted on my back and in a very sarci tone told me, "You are not supposed to use your phone on the floor." And in the heat of the moment and due to some previous experience with him in that week and also on the day. I abused him. "F@$K off".

He immediately called the Regional Manager. I was just asked if I abused. I did narrate the incident. I was asked to leave for home. I apologised multiple times, but I was informed that I am terminated from the post. I never had a face to face conversation with any leader to even understand the entire situation. I pleaded as the job was important to pay my housing loan and all the seniors were aware of my situation. With no hope of joining back, I started looking for a new job.

After a week I contacted them to atleast help me with the travel.compensation for the training duration and salary for the days I worked as I worked 12 hours a day with full dedication towards the Brand and the store.

HR informed me that there are no dues or salary to be paid to me. When I started asking for explanations, The HR is not even ready to communicate over the phone. Now I seek not only for my dues but also I seek the company to pay me the salary as per the law for terminating me and noticed giving me time to find for a new job.

I am.not sure if I am right with my request or would it be a waste of everyone's time If I drag the company to court.

Need assistance. Please Guide.

From India, Mumbai
Dear Naresh,
if you are being terminated from your employement ask your HR to give you the termination letter. and if you are being terminated then full and final settlement has to be made. if same is not being followed you can go to your local labour court and tell them about whole incident.


nathrao
3131

""And in the heat of the moment and due to some previous experience with him in that week and also on the day. I abused him. "F@$K off".""
Reading the whole article,i feel you were punished excessively for a mere abuse word and that under provocation and your own stress/strain.
Write letter to your top management explaining all facts-your medical problems.dads operation and why you lost your temper.
They may take a kinder view of the whole thing.
Or you can adopt the legal route challenging the termination and the fact they are not paying your dues.

From India, Pune
Thank you for your advice.
I have tried contacting the HR multiple times. But they do not in a Co-operative mode.
I have also contacted the MD and Director of the company, but no luck (No response).
As per my working experience of 10+ years. I know that they owe me for the days I worked.. because of all that I am going through, I am demanding the company to pay me a month or two month's salary as a termination fee as they didn't allow me to serve a notice period nor did they hear me before deciding for termination. Whereas the HR and the Regional manager both were aware of my and Dad's medical condition.
They have made it clear that there are no dues to be paid to me.
How do I proceed further to send them a notice... what does the law say about compensation in this kind of situation.
Than you for your advice.

From India, Mumbai
nathrao
3131

Legal action appears to be the only way out. Send them a lawyer notice. They have terminated your services but all dues have to be given as entitled.
From India, Pune
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