My company (startup of 40 people) terminated my employment last week abruptly without any prior written or oral warning. The reason cited was non-performance. They are also saying that they will not pay me the notice period pay, which was 2 months, as was mentioned in the employment contract. It said if I resigned I had to give 2 months' notice, and the same was applicable for the company on termination. That is, if they terminate me, they will pay 2 months of salary. There have been 4 similar precedences in the last 4 months, and they have paid everyone 2 months of salary (I have that proof as well). Now, in my case, they are creating an exception.
My questions are:
If I take this to court, can I get my two months of pay from them?
Are there any things/clauses that may hinder this (I mean can they forge any information or do something unethical to win the case)?
Typically how long do such cases last, and what is the fastest way to resolve this?
Thanks in advance
From India
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1My questions are:
If I take this to court, can I get my two months of pay from them?
Are there any things/clauses that may hinder this (I mean can they forge any information or do something unethical to win the case)?
Typically how long do such cases last, and what is the fastest way to resolve this?
Thanks in advance
From India
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To answer your question, the following info is required:
a) How old is the company? What business are they in, and what is the nature of your appointment - temporary, permanent, or contractual?
b) How long have you been with the company? How were you appointed - through direct recruitment or any employment agency?
c) What is the nature of your job?
d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity, and delivery schedule?
e) Did you have any problems with reference to your job, colleagues, and superiors? If so, what actions were taken by management and you to solve these problems?
f) All other relevant data, including the appointment order - Please delete the company's name and the Name of the Appointment Authority or anything else that will specifically identify the company.
Dr. T. Thomas
From India, Bangalore
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a) How old is the company? What business are they in, and what is the nature of your appointment - temporary, permanent, or contractual?
b) How long have you been with the company? How were you appointed - through direct recruitment or any employment agency?
c) What is the nature of your job?
d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity, and delivery schedule?
e) Did you have any problems with reference to your job, colleagues, and superiors? If so, what actions were taken by management and you to solve these problems?
f) All other relevant data, including the appointment order - Please delete the company's name and the Name of the Appointment Authority or anything else that will specifically identify the company.
Dr. T. Thomas
From India, Bangalore
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Thank you for your response. Here are the answers to your questions:
a) How old is the company? What business are they in, and what is the nature of your appointment - temporary, permanent, or contractual?
The company is 5 years old and is a private limited firm. My appointment was permanent/full-time, and I was working as a Manager. They are in the business consulting industry.
b) How long have you been with the company? How were you appointed - through direct recruitment or an employment agency?
I have worked for nearly one year. I was recruited through an employee referral, so you could say it was a direct appointment.
c) What is the nature of your job?
The nature of my job was to manage projects, business development, etc., but it kept varying regularly due to company requirements.
d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity, and delivery schedule?
Yes, my last performance rating was 3/5, which was given in December. This indicates that I am a strong performer and meet all expectations. Additionally, I have been working 8 hours plus every day in the office, have good camaraderie and a positive reputation with colleagues. The termination occurred the day after a conflict of thoughts with the CEO, which I believe was a personal revenge move. There were no confrontations or derogatory exchanges, and everything happened politely. I did not receive any performance-related warnings before the termination.
e) Did you encounter any issues regarding your job, colleagues, or superiors? If so, what actions were taken by management and you to resolve these problems?
There were no issues as previously mentioned. The termination seemed to stem from personal reasons and ego issues.
f) All other relevant data, including the appointment order - Please remove the company's name and the name of the Appointment Authority or any other identifying information.
The appointment letter contains standard details such as designation and joining date. There was a Terms and Conditions (TnC) document with a two-month mutual termination clause. Given that four other individuals received two months' pay upon termination, I believe I am entitled to the same.
I look forward to your reply.
Attribution: https://www.citehr.com/491865-not-ge...#ixzz306JWdaW1
From India
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a) How old is the company? What business are they in, and what is the nature of your appointment - temporary, permanent, or contractual?
The company is 5 years old and is a private limited firm. My appointment was permanent/full-time, and I was working as a Manager. They are in the business consulting industry.
b) How long have you been with the company? How were you appointed - through direct recruitment or an employment agency?
I have worked for nearly one year. I was recruited through an employee referral, so you could say it was a direct appointment.
c) What is the nature of your job?
The nature of my job was to manage projects, business development, etc., but it kept varying regularly due to company requirements.
d) Have you been performing your job to a reasonable degree of satisfaction with reference to quality, quantity, and delivery schedule?
Yes, my last performance rating was 3/5, which was given in December. This indicates that I am a strong performer and meet all expectations. Additionally, I have been working 8 hours plus every day in the office, have good camaraderie and a positive reputation with colleagues. The termination occurred the day after a conflict of thoughts with the CEO, which I believe was a personal revenge move. There were no confrontations or derogatory exchanges, and everything happened politely. I did not receive any performance-related warnings before the termination.
e) Did you encounter any issues regarding your job, colleagues, or superiors? If so, what actions were taken by management and you to resolve these problems?
There were no issues as previously mentioned. The termination seemed to stem from personal reasons and ego issues.
f) All other relevant data, including the appointment order - Please remove the company's name and the name of the Appointment Authority or any other identifying information.
The appointment letter contains standard details such as designation and joining date. There was a Terms and Conditions (TnC) document with a two-month mutual termination clause. Given that four other individuals received two months' pay upon termination, I believe I am entitled to the same.
I look forward to your reply.
Attribution: https://www.citehr.com/491865-not-ge...#ixzz306JWdaW1
From India
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Accepting prima facie the information provided by you, it appears beyond reasonable doubt that the company has been unreasonable and terminated you out of personal revenge and ego issues. If this is true as claimed by you, the company has been very unreasonable and unbecoming in this regard. The legal definition of a company is that it is "An Artificial Person created by law" and that it is entirely different from the persons promoting/managing it.
You have every right to sue the company for the recovery of your dues along with an additional amount for the mental agony caused to you. However, before that, it is essential for us to take up the matter with the company itself.
You must send a letter to the Manager/HR Dept. staking your claim for the 2 months' salary as per the appointment order. You can also mention to them that "your last performance rating was 3/5, which was held in December. That means a strong performer who meets all expectations. Also, I have been clocking 8 hours plus every day in the office and have good camaraderie and reputation with colleagues." You can also mention that "There was a Terms and Conditions document which had this 2-month mutual clause, and as I said before, 4 more people have received 2 months' pay on termination, so there is no reason I should not get it." You must deliver the letter either in person or through Registered Post/Courier with acknowledgment. Getting acknowledgment is extremely important since it is your supporting document for legal action. You need not mention anything about legal action at this stage lest we lose our "steam." I'm sure that at least there is a 90% chance that your issue will be settled.
In case they reply to you negatively or sleep over the letter, you must send an additional reminder after about 10 days. At this point, you can mention that "in case my rightful claim is not acceded to, I will be constrained to take legal action to enforce my rightful claim." With this, your success probability would increase to 95%. In case there is no positive response, you can contact a lawyer for legal action. If your claim is legally valid, you can recover the full amount along with costs and damages. Nobody can play any mischief to deprive you of your rightful claims.
I trust that your claim will be realized soon.
ALL THE BEST.
Dr. T. Thomas.
From India, Bangalore
Acknowledge(0)Amend(0)
You have every right to sue the company for the recovery of your dues along with an additional amount for the mental agony caused to you. However, before that, it is essential for us to take up the matter with the company itself.
You must send a letter to the Manager/HR Dept. staking your claim for the 2 months' salary as per the appointment order. You can also mention to them that "your last performance rating was 3/5, which was held in December. That means a strong performer who meets all expectations. Also, I have been clocking 8 hours plus every day in the office and have good camaraderie and reputation with colleagues." You can also mention that "There was a Terms and Conditions document which had this 2-month mutual clause, and as I said before, 4 more people have received 2 months' pay on termination, so there is no reason I should not get it." You must deliver the letter either in person or through Registered Post/Courier with acknowledgment. Getting acknowledgment is extremely important since it is your supporting document for legal action. You need not mention anything about legal action at this stage lest we lose our "steam." I'm sure that at least there is a 90% chance that your issue will be settled.
In case they reply to you negatively or sleep over the letter, you must send an additional reminder after about 10 days. At this point, you can mention that "in case my rightful claim is not acceded to, I will be constrained to take legal action to enforce my rightful claim." With this, your success probability would increase to 95%. In case there is no positive response, you can contact a lawyer for legal action. If your claim is legally valid, you can recover the full amount along with costs and damages. Nobody can play any mischief to deprive you of your rightful claims.
I trust that your claim will be realized soon.
ALL THE BEST.
Dr. T. Thomas.
From India, Bangalore
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Dear Sir/Madam,
What is the definition of a permanent employee? I checked my confirmation letter (I have been a confirmed employee for 4 years), wherein they have mentioned that they can remove us at any time by giving one month's salary or notice. The same policy is applicable to all companies for permanent employees. Then what is the use of a confirmation letter?
Best Regards,
Sales Surplus
From India, Mumbai
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What is the definition of a permanent employee? I checked my confirmation letter (I have been a confirmed employee for 4 years), wherein they have mentioned that they can remove us at any time by giving one month's salary or notice. The same policy is applicable to all companies for permanent employees. Then what is the use of a confirmation letter?
Best Regards,
Sales Surplus
From India, Mumbai
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Legal Notice for Breach of Notice Period .docx
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