here is the story and termination letter.
I am working with an IT company in Chandigarh. My local management are giving mental harassment since 6 months. I am working here since 3 year. In last December, my subordinate gone and spoke against me like putting pressure etc., in fact no pressure given by me, it’s part of normal day to activity. But local management listened to his words and given a written warning to me which I have not acknowledged neither replied in email. I put all valid points in the next schedule meeting but no one listened and threatened me and the reporting structured changed. They did because the new joiner was local, so if he leaves and put a bad mouth then no one will join here so this will give a direct hit to these management so their job will be at risk. So, they played politics. Now last week 2nd incident occurred. I got down my role and put as a team member just before 1 month and the immediate supervisor started harassing me from day 1. She has complained me against small small issues. Based on her mail, local management again cornered me, all were again shouted me and threaten me to give termination letter. the used abusive language and other detail I cannot mention here. When I reacted all these allegations with a valid justification, they never listened and told I am wrong. All time they are blaming me without having a detail discussion. I escalated all these to all level but no response so far. Later they stated blaming different points which are false and they passed this matter to company legal adviser. The legal advice wants to meet some day (the date was not being intimated). One day I was on sick leave, management called me around 7PM and asked to come next day 10 am to meet the company legal guy. I told then if possible to schedule the meeting on second half and I told I am sick as well as my kid. I shall let you know on this tomorrow. The next morning, I did not feel good so I dropped an email again stating that I am still not ok so not possible to join meeting today. Please plan for some other day. They replied stating fine you submit medical detail once you resume we will conduct meeting. To be very surprise I got a letter of termination from service on same at 7.30PM through my personal email. The point in one clause they have mentioned like this “In lieu of Clause no 12 of your appointment letter which is as under “your notice period to company is 3 months. In case you desire to leave the company, you would need to serve 3 calendar months’ prior written notice to company. Relieving before the said period will be at discretion of management based on business requirement. However, you would have to compensate the company for the corresponding shortfall on your notice period. Notwithstanding the above, if you fail to comply with this employment contractor in case of ethics violation, the company will be entitled to terminate your employment forthwith with you any notice or compensation whatsoever”” I got astonished how they can do it? Here are my questions.
1- what can be different options for me now based on above situation.
2- can they revert that termination if yes, what all legal way to go?
3- Is there are possibility of reinstate in the job?
4- will they go for any false case against me?
5- in case of termination can I get experience and relieve letter with good positive note from company?
6- how to handle for my new job?
7- they had soft copy of final settlement and cheque but i have not received anything so far
For your information, I have put a police complaint and a medical consultation for this mental harassment. Should I put a criminal case against them? Please guide me.
From India, Patiala
I am working with an IT company in Chandigarh. My local management are giving mental harassment since 6 months. I am working here since 3 year. In last December, my subordinate gone and spoke against me like putting pressure etc., in fact no pressure given by me, it’s part of normal day to activity. But local management listened to his words and given a written warning to me which I have not acknowledged neither replied in email. I put all valid points in the next schedule meeting but no one listened and threatened me and the reporting structured changed. They did because the new joiner was local, so if he leaves and put a bad mouth then no one will join here so this will give a direct hit to these management so their job will be at risk. So, they played politics. Now last week 2nd incident occurred. I got down my role and put as a team member just before 1 month and the immediate supervisor started harassing me from day 1. She has complained me against small small issues. Based on her mail, local management again cornered me, all were again shouted me and threaten me to give termination letter. the used abusive language and other detail I cannot mention here. When I reacted all these allegations with a valid justification, they never listened and told I am wrong. All time they are blaming me without having a detail discussion. I escalated all these to all level but no response so far. Later they stated blaming different points which are false and they passed this matter to company legal adviser. The legal advice wants to meet some day (the date was not being intimated). One day I was on sick leave, management called me around 7PM and asked to come next day 10 am to meet the company legal guy. I told then if possible to schedule the meeting on second half and I told I am sick as well as my kid. I shall let you know on this tomorrow. The next morning, I did not feel good so I dropped an email again stating that I am still not ok so not possible to join meeting today. Please plan for some other day. They replied stating fine you submit medical detail once you resume we will conduct meeting. To be very surprise I got a letter of termination from service on same at 7.30PM through my personal email. The point in one clause they have mentioned like this “In lieu of Clause no 12 of your appointment letter which is as under “your notice period to company is 3 months. In case you desire to leave the company, you would need to serve 3 calendar months’ prior written notice to company. Relieving before the said period will be at discretion of management based on business requirement. However, you would have to compensate the company for the corresponding shortfall on your notice period. Notwithstanding the above, if you fail to comply with this employment contractor in case of ethics violation, the company will be entitled to terminate your employment forthwith with you any notice or compensation whatsoever”” I got astonished how they can do it? Here are my questions.
1- what can be different options for me now based on above situation.
2- can they revert that termination if yes, what all legal way to go?
3- Is there are possibility of reinstate in the job?
4- will they go for any false case against me?
5- in case of termination can I get experience and relieve letter with good positive note from company?
6- how to handle for my new job?
7- they had soft copy of final settlement and cheque but i have not received anything so far
For your information, I have put a police complaint and a medical consultation for this mental harassment. Should I put a criminal case against them? Please guide me.
From India, Patiala
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Termination letter.doc