seek an advice for a friend who was terminated from his organization. He works with a public listed multinational. He and one of his colleagues were detained in the office one day. They were questioned for 8 hrs by a third party with bouncers in office. His colleague was terminated and my friend was sent home. He was not given any chance to explain nor was any management team organized to conduct a formal investigation.
After that humiliation my friend decided not to go to that office and he sent his resignation. The company did not sent any acknowledgment for more than 8 days and when he followed up they send him a termination letter stating that he was suspected of fraud. My friend sent an email saying that he does not accept any allegation.
Please advise what his rights are in orders to get his termination revoked
What should he do when a company does not respond to his non acceptance of termination.
Why are they not reply to his follow up emails??
From India, Lucknow
After that humiliation my friend decided not to go to that office and he sent his resignation. The company did not sent any acknowledgment for more than 8 days and when he followed up they send him a termination letter stating that he was suspected of fraud. My friend sent an email saying that he does not accept any allegation.
Please advise what his rights are in orders to get his termination revoked
What should he do when a company does not respond to his non acceptance of termination.
Why are they not reply to his follow up emails??
From India, Lucknow
It seems that you have started two threads for the same query, it is advisable to avoid multiple threads for the same query.
From India, Ahmadabad
734From India, Ahmadabad
From your query it is assumed that your friend is suspected for the fraud in the company, one of his/her colleague is terminated for the same. Your friend was send home may be pending inquiry, so in that case your friend would have not send the resignation immediately, wherein the employer will not accept the resignation. It is advisable to approach the HR and resolve the suspects they have, thereafter the resignation to be accepted can be worked out.
From India, Ahmadabad
From India, Ahmadabad
Dear ,
I agree with saji.. but, i wanted to add one more point in the same, if they have done the investigation & if they found he is guilty then, they would have provide the charge sheet / show cause notice against him for asking the explaination on investigation report to listern his side on the ground of nature of justice & in case of failure of respond by concern person, then, it shall consider that, there is nothing to say from his side, & he feel in guilty in mentioned offence.
but, as explained, they have directly send the termination letter without given change to explain by himself.
So, in this case, i would advice you that, you may ask for investigation report & judgement & if you feel that, they are irrevent or injustice again you, then that will be the strong evidence file the case against them in industrial tribuna court...
Regards
Tushar Swar
From India, Mumbai
I agree with saji.. but, i wanted to add one more point in the same, if they have done the investigation & if they found he is guilty then, they would have provide the charge sheet / show cause notice against him for asking the explaination on investigation report to listern his side on the ground of nature of justice & in case of failure of respond by concern person, then, it shall consider that, there is nothing to say from his side, & he feel in guilty in mentioned offence.
but, as explained, they have directly send the termination letter without given change to explain by himself.
So, in this case, i would advice you that, you may ask for investigation report & judgement & if you feel that, they are irrevent or injustice again you, then that will be the strong evidence file the case against them in industrial tribuna court...
Regards
Tushar Swar
From India, Mumbai
Dear ,
I agree with saji.. but, i wanted to add one more point in the same, if they have done the investigation & if they found he is guilty then, they would have provide the charge sheet / show cause notice against him for asking the explaination on investigation report to listern his side on the ground of nature of justice & in case of failure of respond by concern person, then, it shall consider that, there is nothing to say from his side, & he feel in guilty in mentioned offence.
but, as explained, they have directly send the termination letter without given change to explain by himself.
So, in this case, i would advice you that, you may ask for investigation report & judgement & if you feel that, they are irrevent or injustice again you, then that will be the strong evidence file the case against them in industrial tribunal court...
Regards
Tushar Swar
From India, Mumbai
I agree with saji.. but, i wanted to add one more point in the same, if they have done the investigation & if they found he is guilty then, they would have provide the charge sheet / show cause notice against him for asking the explaination on investigation report to listern his side on the ground of nature of justice & in case of failure of respond by concern person, then, it shall consider that, there is nothing to say from his side, & he feel in guilty in mentioned offence.
but, as explained, they have directly send the termination letter without given change to explain by himself.
So, in this case, i would advice you that, you may ask for investigation report & judgement & if you feel that, they are irrevent or injustice again you, then that will be the strong evidence file the case against them in industrial tribunal court...
Regards
Tushar Swar
From India, Mumbai
Hi,
The information you have provided is not sufficient to respond to your query.
It seems to be quite serious. Please ask your friend to approach a lawyer and also show the lawyer his appointment letter so that there is clear understanding about its terms of employment.
Regards,
From India, Mumbai
The information you have provided is not sufficient to respond to your query.
It seems to be quite serious. Please ask your friend to approach a lawyer and also show the lawyer his appointment letter so that there is clear understanding about its terms of employment.
Regards,
From India, Mumbai
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Termination-emp loyment_563.pdf
Termination letter.doc