Hi,
I worked for a retail company from 2014 to 2017. In May 2017, the company asked me to come home and gave me documents of false allegations of overcharging conveyance on travel in other states of Delhi. The company showed Google Maps distances of different dates and said the distance is small but the conveyance is big. I told them all expenses were genuine, and as per policy, if conveyance is in excess, it will be paid as per eligibility. The company didn't listen and banned my entry. After 15 days, they terminated me on false allegations and didn't pay the 3-month notice salary.
I took the matter to the labor court. The company could not prove misconduct in court, and the court ruled against the company, but no relief of job was given to me as I was a manager, not labor. I then took the matter to Tis Hazari court. The company is again trying to prove misconduct in cross-examination with me. The judge is asking the company for a settlement for me.
Please clear my queries:
1. For the past five years, I could not get a job due to termination on fraud mentioned in the letter. I have been losing 12lacs in annual salary since 2017 till now, plus significant mental harassment, profile, and interest on the salary for five years. I have been applying for jobs, but no HR wants to listen. They say they don't want to talk about it. How can I claim these, even though I asked for them in court? The judge wants me to prove my damages. How can I prove damages and claim for salary, interest, profile, mental harassment, and future career salaries?
2. How much can I get? Can I get my job back?
3. If I settle, the company said they will give me only 8lacs, no job. This way, I will remain jobless forever. Should I settle the matter, or continue fighting the case to get my job back and all salaries, interest, mental agony charges as per my claim in the court application?
4. Will other future companies not ask and verify my past experience in all previous companies? Will I be dragged into trouble lifelong this way?
5. Can I get a job after such a big career gap of five years?
6. Can I get a job with a termination letter of fraud mentioned?
7. If anyone calls for a job, I tell them the truth, but none give me the job and don't provide in writing why they don't want to hire me. Even though I told them the court has proved my right, still they don't want to talk. The company gave negative feedback to other companies about me, and the termination letter also says the same. This way, my image is damaged forever. How can I claim for image damages for my future career and salaries of 22 years of work, as my age is 36 years?
8. Can any company give me a job when I dragged a company to court on false allegations?
Everyone, kindly suggest rightly.
From India, New Delhi
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I worked for a retail company from 2014 to 2017. In May 2017, the company asked me to come home and gave me documents of false allegations of overcharging conveyance on travel in other states of Delhi. The company showed Google Maps distances of different dates and said the distance is small but the conveyance is big. I told them all expenses were genuine, and as per policy, if conveyance is in excess, it will be paid as per eligibility. The company didn't listen and banned my entry. After 15 days, they terminated me on false allegations and didn't pay the 3-month notice salary.
I took the matter to the labor court. The company could not prove misconduct in court, and the court ruled against the company, but no relief of job was given to me as I was a manager, not labor. I then took the matter to Tis Hazari court. The company is again trying to prove misconduct in cross-examination with me. The judge is asking the company for a settlement for me.
Please clear my queries:
1. For the past five years, I could not get a job due to termination on fraud mentioned in the letter. I have been losing 12lacs in annual salary since 2017 till now, plus significant mental harassment, profile, and interest on the salary for five years. I have been applying for jobs, but no HR wants to listen. They say they don't want to talk about it. How can I claim these, even though I asked for them in court? The judge wants me to prove my damages. How can I prove damages and claim for salary, interest, profile, mental harassment, and future career salaries?
2. How much can I get? Can I get my job back?
3. If I settle, the company said they will give me only 8lacs, no job. This way, I will remain jobless forever. Should I settle the matter, or continue fighting the case to get my job back and all salaries, interest, mental agony charges as per my claim in the court application?
4. Will other future companies not ask and verify my past experience in all previous companies? Will I be dragged into trouble lifelong this way?
5. Can I get a job after such a big career gap of five years?
6. Can I get a job with a termination letter of fraud mentioned?
7. If anyone calls for a job, I tell them the truth, but none give me the job and don't provide in writing why they don't want to hire me. Even though I told them the court has proved my right, still they don't want to talk. The company gave negative feedback to other companies about me, and the termination letter also says the same. This way, my image is damaged forever. How can I claim for image damages for my future career and salaries of 22 years of work, as my age is 36 years?
8. Can any company give me a job when I dragged a company to court on false allegations?
Everyone, kindly suggest rightly.
From India, New Delhi
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It is unlikely anyone here can help you other than trying to facilitate finding you a job of some sort.
You appear to have taken all the actions that a reasonable person could take and that has not yielded the result you want. As the case gets older and older, your chances of an equitable settlement seem very slim, given that it appears the onus of proof is on you as the company is sticking to its guns.
My only suggestion is to find a good lawyer who would relish taking on a case like this and fight to the bitter end. However, that is going to cost money, a commodity in short supply I suspect if you have not worked for 5 years.
It seems you have reached the end of the line with this, and the best option may be to take what is being offered and draw a line under the whole sordid affair. You are going to have to find a way to rehabilitate your career, and that probably means starting somewhere in a menial job and rebuilding trust, honesty, and a sound work ethic. Yes, it will be hard, bloody hard, but if you have the guts and determination to succeed, you will. Other people have come back from far worse and succeeded, so can you.
From Australia, Melbourne
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702You appear to have taken all the actions that a reasonable person could take and that has not yielded the result you want. As the case gets older and older, your chances of an equitable settlement seem very slim, given that it appears the onus of proof is on you as the company is sticking to its guns.
My only suggestion is to find a good lawyer who would relish taking on a case like this and fight to the bitter end. However, that is going to cost money, a commodity in short supply I suspect if you have not worked for 5 years.
It seems you have reached the end of the line with this, and the best option may be to take what is being offered and draw a line under the whole sordid affair. You are going to have to find a way to rehabilitate your career, and that probably means starting somewhere in a menial job and rebuilding trust, honesty, and a sound work ethic. Yes, it will be hard, bloody hard, but if you have the guts and determination to succeed, you will. Other people have come back from far worse and succeeded, so can you.
From Australia, Melbourne
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It appears that your matter is pending in the Civil Court after the Labour Court felt it had no jurisdiction since you were a Manager. The Civil Court can only grant you compensation for illegal termination. The Civil Courts do not have jurisdiction to reinstate you in service, unlike the Labour Court, which has been specifically granted the power to review punishment imposed. So don't expect the Civil Court to grant you reinstatement; as for compensation, it has to be in terms of the loss occurred. You have to assert the losses occurred due to termination; the loss of salary is one. For other losses, they have to be pleaded and proved. In Indian Courts, for the loss of mental peace and harassment, much compensation is not granted. You should go by the advice of your advocate who knows the facts of the matter.
You are eligible for employment, and since the allegations are not proved, there is nothing against you. The rest is a matter of chance and luck.
From India, Mumbai
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You are eligible for employment, and since the allegations are not proved, there is nothing against you. The rest is a matter of chance and luck.
From India, Mumbai
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Hi,
I worked for a retail company from 2014 to 2017. In May 2017, the company asked me to come home and gave me documents of false allegations of overcharging conveyance on travel in other states from Delhi. The company showed Google Maps distances of different dates and said the distance is small but the conveyance is big. I explained that all expenses were genuine and, as per policy, if conveyance costs are excessive, they will be paid as per eligibility. There is no written company policy stating that if expenses are excessive, staff will be terminated. However, the company did not listen and banned my entry. After 15 days, they terminated me on false allegations and did not pay my 3-month notice salary.
I took the matter to the labor court. The company could not prove misconduct in court, and the court ruled against the company. Unfortunately, no relief of job was given to me as I was a manager, not labor. I then took the matter to Tis Hazari court. The company is once again trying to prove misconduct in cross-examination. The judge is asking the company for a settlement for me.
Please clear my queries:
1. Over the past 5 years, I have been unable to get a job due to termination for fraud as mentioned in the letter. Consequently, I have been losing an annual salary of 12 lakhs since 2017 until now, in addition to experiencing significant mental harassment and damage to my professional profile. I have applied for jobs, but no HR personnel want to listen to my side of the story. They say they do not wish to discuss the matter further. How can I claim these losses, though I have requested them in court? The judge wants me to prove my damages. How can I prove damages and claim for salary interest, profile damage, mental harassment, and future career salaries?
2. How much compensation can I receive? Is it possible to regain my job?
3. If I settle, the company has offered 8 lakhs and no job. In this scenario, I would remain jobless indefinitely. Should I settle the matter, or should I continue fighting the case to reclaim my job and receive all the salaries, interest, mental agony charges, as per my claim in the court application?
4. Will potential future employers inquire about and verify my past experiences in all previous companies? Would this lead to a lifelong ordeal for me?
5. Can I secure a job after a significant career gap of 5 years?
6. Can I secure a job with a termination letter mentioning fraud?
7. Despite disclosing the truth to potential employers, none have offered me a job or provided a reason in writing for not hiring me. Even though the court has ruled in my favor, they still refuse to engage with me. The company provided negative feedback to other companies about me, and the termination letter also reflects the same. Consequently, my professional reputation has been tarnished indefinitely. How can I claim compensation for the damage to my image in terms of future career prospects and salaries after 22 years of work, considering I am 36 years old?
8. Would any company consider hiring me after I have taken legal action against a previous employer based on false allegations?
Everyone, please provide your suggestions accordingly.
From India, New Delhi
Acknowledge(0)Amend(0)
I worked for a retail company from 2014 to 2017. In May 2017, the company asked me to come home and gave me documents of false allegations of overcharging conveyance on travel in other states from Delhi. The company showed Google Maps distances of different dates and said the distance is small but the conveyance is big. I explained that all expenses were genuine and, as per policy, if conveyance costs are excessive, they will be paid as per eligibility. There is no written company policy stating that if expenses are excessive, staff will be terminated. However, the company did not listen and banned my entry. After 15 days, they terminated me on false allegations and did not pay my 3-month notice salary.
I took the matter to the labor court. The company could not prove misconduct in court, and the court ruled against the company. Unfortunately, no relief of job was given to me as I was a manager, not labor. I then took the matter to Tis Hazari court. The company is once again trying to prove misconduct in cross-examination. The judge is asking the company for a settlement for me.
Please clear my queries:
1. Over the past 5 years, I have been unable to get a job due to termination for fraud as mentioned in the letter. Consequently, I have been losing an annual salary of 12 lakhs since 2017 until now, in addition to experiencing significant mental harassment and damage to my professional profile. I have applied for jobs, but no HR personnel want to listen to my side of the story. They say they do not wish to discuss the matter further. How can I claim these losses, though I have requested them in court? The judge wants me to prove my damages. How can I prove damages and claim for salary interest, profile damage, mental harassment, and future career salaries?
2. How much compensation can I receive? Is it possible to regain my job?
3. If I settle, the company has offered 8 lakhs and no job. In this scenario, I would remain jobless indefinitely. Should I settle the matter, or should I continue fighting the case to reclaim my job and receive all the salaries, interest, mental agony charges, as per my claim in the court application?
4. Will potential future employers inquire about and verify my past experiences in all previous companies? Would this lead to a lifelong ordeal for me?
5. Can I secure a job after a significant career gap of 5 years?
6. Can I secure a job with a termination letter mentioning fraud?
7. Despite disclosing the truth to potential employers, none have offered me a job or provided a reason in writing for not hiring me. Even though the court has ruled in my favor, they still refuse to engage with me. The company provided negative feedback to other companies about me, and the termination letter also reflects the same. Consequently, my professional reputation has been tarnished indefinitely. How can I claim compensation for the damage to my image in terms of future career prospects and salaries after 22 years of work, considering I am 36 years old?
8. Would any company consider hiring me after I have taken legal action against a previous employer based on false allegations?
Everyone, please provide your suggestions accordingly.
From India, New Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf