Apni Law Staff asked 2 years ago
I was working as an Area Business Manager for a large healthcare company with around 300 employees in India. I had 14 sales executives reporting to me. I reported to the HR Director about some unethical practices involving higher management, providing all the necessary evidence.
Within a week, the Managing Director (MD) and HR arrived in my city and began questioning me about false accusations against me, without giving me any prior notice. They then sent me a ticket to the Head Office (HO) without any email invitation or agenda. When I arrived, they pressured me to stop my investigation and destroy all evidence. I refused. They then forced me to resign. I refused to resign and returned to my city.
They immediately cancelled my return ticket and locked my Outlook account. They claimed that my job was non-compliant and the MD and his Director were involved. The same evening, on March 7th, they sent me a termination letter on my personal email, alleging that I left the office without handing over company assets. The next day, on March 8th, I responded, denying the termination and demanding a withdrawal of the letter.
The HR replied a week later, stating that the termination was based on a company internal note, but I never received such a note. I then requested to return company assets, stating that I would do so under protest. I also expressed my grievances about the illegal termination and asked for a fair opportunity to defend myself.
I pointed out that the termination letter did not follow the Severance Clause in my appointment letter, which required a two-month notice period or a two-month salary in lieu of notice. They responded that the Severance Clause allowed for termination without notice.
I am concerned that I was terminated without a show cause, a domestic inquiry, or a chance to defend myself. I want to know if this kind of termination is legal. How can I challenge this in court? What are my chances of winning the case, and how long will it take? The company’s head office is in Gurgaon, and the regional office in Kolkata is not registered under the Shops and Establishments Act and conducts official procedures illegally.
Best Answer
Apni Law Staff answered 2 years ago
The termination appears illegal as it lacks a show cause notice, domestic inquiry, and fair opportunity to defend. You can challenge this in court via a labor lawsuit seeking reinstatement, back wages, and compensation for wrongful termination. Your chances depend on evidence and legal arguments, and the duration of the case can vary significantly.
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