Hi, I am an HR professional with 4 years of experience. I worked for over 2 years at a startup and helped increase the headcount from 15 to 50 in 1.5 years, despite facing numerous challenges.
Emergency Leave and Unexpected Developments
On 4th September 2020, I had to take emergency leave due to my grandparents' ill-health. During the same period, the Head of Indian Operations was terminated without cause, and I was pressured to work under emergency conditions on a Sunday. I informed the CEO via email about my situation and my emergency leave.
When I attempted to log in on Monday, 7th September 2020, I found that my credentials were not working. I reached out to the CEO, who informed me that my email credentials had been changed due to security reasons. He also asked if I was still interested in working with the company. I was taken aback and confused by these developments.
Termination and Lack of Communication
I was unexpectedly terminated on Sunday, 5th September 2020, without a valid reason. Eight days later, I received a termination email instructing me to return company assets. I sought clarification on the termination but received no response. I demanded 2 months' compensation for the improper termination. The company then requested that I serve a notice period in exchange for compensation, which left me shocked.
Despite my willingness to comply and my request for job security for 2 months, there was no response from the company for almost 15 days. Now, they are demanding that I pay them 2 months' salary and return the laptop. I offered to return the laptop and requested that they send someone to collect it, but received no reply.
Seeking Advice and Legal Assistance
I am unsure how to proceed, as I do not have contact information for the HR team, and my emails go unanswered. The company's CEO is based in the US, and the COO is in Bangalore. I have consulted a corporate lawyer, who is asking for a fee of 20K to send a notice. Any suggestions on how to handle this situation with individuals who are withholding my experience certificate and engaging in blackmail tactics?
From India, Warangal
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Emergency Leave and Unexpected Developments
On 4th September 2020, I had to take emergency leave due to my grandparents' ill-health. During the same period, the Head of Indian Operations was terminated without cause, and I was pressured to work under emergency conditions on a Sunday. I informed the CEO via email about my situation and my emergency leave.
When I attempted to log in on Monday, 7th September 2020, I found that my credentials were not working. I reached out to the CEO, who informed me that my email credentials had been changed due to security reasons. He also asked if I was still interested in working with the company. I was taken aback and confused by these developments.
Termination and Lack of Communication
I was unexpectedly terminated on Sunday, 5th September 2020, without a valid reason. Eight days later, I received a termination email instructing me to return company assets. I sought clarification on the termination but received no response. I demanded 2 months' compensation for the improper termination. The company then requested that I serve a notice period in exchange for compensation, which left me shocked.
Despite my willingness to comply and my request for job security for 2 months, there was no response from the company for almost 15 days. Now, they are demanding that I pay them 2 months' salary and return the laptop. I offered to return the laptop and requested that they send someone to collect it, but received no reply.
Seeking Advice and Legal Assistance
I am unsure how to proceed, as I do not have contact information for the HR team, and my emails go unanswered. The company's CEO is based in the US, and the COO is in Bangalore. I have consulted a corporate lawyer, who is asking for a fee of 20K to send a notice. Any suggestions on how to handle this situation with individuals who are withholding my experience certificate and engaging in blackmail tactics?
From India, Warangal
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The employer terminating service and at the same time asking for notice pay is clearly untenable in the eyes of the law. You have already indicated your intention to return the laptop. Is there any other item with you? If so, offer to return all of them. Also, you need to ask them to pay your dues as per your calculation. Include notice pay, unpaid salary, leave salary, bonus/incentive, and any other financial benefit you are entitled to. Mark a copy thereof to the Labour Inspector of Gatchiboli as well as the Labour Commissioner of Telangana. Like they have threatened, you also have to threaten to expose them in the media, NASSCOM, the local Industry Association, etc.
From India, Mumbai
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1593From India, Mumbai
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Approaching Legal Assistance for Employment Disputes
In place of a corporate lawyer, you should approach a labor lawyer or a civil lawyer nearby to send a notice. Then, proceed to the labor commissioner of the place of establishment jurisdiction (in India).
Do not rush to fight with an overseas employer; instead, seek redressal from the establishment in India. The labor commissioner and labor court will handle the next steps with appropriate measures, and if necessary, they will inform the Ministry of External Affairs to look into the matter.
Acknowledge(0)Amend(0)
In place of a corporate lawyer, you should approach a labor lawyer or a civil lawyer nearby to send a notice. Then, proceed to the labor commissioner of the place of establishment jurisdiction (in India).
Do not rush to fight with an overseas employer; instead, seek redressal from the establishment in India. The labor commissioner and labor court will handle the next steps with appropriate measures, and if necessary, they will inform the Ministry of External Affairs to look into the matter.
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf