Hi,

I am an employee of a good company as an area manager. I have been with the company in Hyderabad for 3 years. Due to a seemingly trivial reason, the company issued me a termination letter. Could you kindly suggest how I should file a complaint with the labor court? What are my chances of winning?

From India, Hyderabad
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Dear Om2jha,

We would like to have more information about your case. Please confirm the following:
a) How many persons reported to you?
b) What exactly was the "silly" reason?
c) Did your company conduct a domestic inquiry before terminating you?
d) How were your relations with the GM or any other authority to whom you were reporting?
e) Did you submit the review application to the MD of your company, or is it that the termination has the imprimatur of the MD?

Thanks,
Dinesh Divekar

From India, Bangalore
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Dear Sir,

As you have mentioned, you have been terminated for a seemingly trivial reason, but I need clarification on a few points outlined below:

1. Are you a confirmed employee of the organization?
2. Please review the clause in your appointment letter that states if the company has the right to terminate without notice due to poor performance or any related issues.
3. Does the reason for your termination impact the organizational growth or social standards?

If you provide specifics, I can offer a solution.

Thanks and Regards,
Aditya

From India, Hyderabad
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Hi Aditya,

1) I am a confirmed employee.
2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.
3) That silly reason neither affects the organization's growth nor its social standards.

Thank you.

From India, Hyderabad
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Dear Dinesh,

More than 50 persons reported to me. The reason was as follows:

Our company has an employee referral scheme. I routed two employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the third referral, which actually belonged to me, we had a team party. In the fourth incident, one person received a huge bonus, and everyone asked for a treat. In response, he contributed 10k, and in total, we funded 30k, which was contributed by everyone.

These four incidents I have mentioned were done without causing any harm to the company.

Yes, the company has conducted a domestic enquiry.

My relationship with my boss is very good. Even though he is trying to rescind the termination and provide me with the option to resign.

I have written an email to the company CEO and all other higher officials about my innocence regarding the termination letter I received.

Please suggest, is this considered fraud?

From India, Hyderabad
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Aditya,

1) I am a confirmed employee.

2) The company doesn't have the right to terminate without a notice period. I was one of the top performers in the company.

3) That silly reason neither affects the organization's growth nor its social standard.

From India, Hyderabad
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Dear Dinesh,

More than 50 persons reported to me. The reason was as follows:

Our company has an employee referral scheme. I routed 2 employee referrals through one employee. When the referral amount came, I took it from that person and passed it on to the person who actually deserved it. For the 3rd referral, which belonged to me, we had a team party. In the 4th incident, one person received a huge bonus, and everyone asked for a treat. He contributed 10k, and in total, we funded 30k, which was contributed by everyone.

In these 4 incidents, I have not done anything to harm the company.

Yes, the company has conducted a domestic enquiry.

My relationship with my boss is very good. He is still trying to reverse the termination and at least provide the option to resign.

I have written an email to the company CEO and every higher official about my innocence regarding the termination letter. Please advise, is this considered fraud?

From India, Hyderabad
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Dear Om2Jha,

Can you reprint the 'charges' contained in the charge sheet they served and tried in the domestic inquiry? Since it is termination, it should have been on 'serious charges.' Let us have a look at it. What clarifications/replies did you submit in the inquiry?

Was there any suspension pending inquiry? If yes, was any subsistence allowance paid to you?

Did the company pay you any settlement?

From India, Bangalore
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nathrao
3180

"Our company has an employee referral scheme. Two employee referrals were routed through one employee. Why didn't you refer the candidate yourself? Did the employee through whom you made the referral complain? Other questions have already been asked by other members - what were the charges? Your case appears to have more details than what have been mentioned. Kindly provide full details."
From India, Pune
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As Mr Nathrao has pointed out facts of the case are not clear !
From India, New Delhi
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