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Ayesha   23 June 2023

Abrupt termination by it company in india

Hello Everyone,

I was serving the notice period since 17th April 2023 and the notice was for 8 weeks which was suppose to complete on 9th June 2023.

I am in a dilemma since I got suddenly terminated by the company on 3rd May 2023. The company never sent any warning for performance targets and sudden termination email. But on 3rd may the HR lady and supervisor humiliated me on the call and forced me to not work anymore. The company and management are imposing to pay the remaining days lieu. (27 days remaining)

They are telling inaccurate reasons to me such as, I was unable to meet the target and as per there contract I have to pay the lieu. But although i was serving the notice. Without giving any prior notice to me they terminated me and now forcing me to pay the lieu and return the equipment. They are not waving off the lieu and not providing the reliving letter.

I dropped several emails to the management and directors of the company but no one provided the solution for my matter. Now the HR and management forcing me to pay the lieu quickly and return the equipment.

I need help: I cannot pay the lieu. I am the only source of income in my family. Please provide the solution on this critical matter.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 June 2023

Did you get the termination order in writing?, if so then you can issue a legal notice to the company stating that the termination action is illegal , besides you have already tendered resignation and served 50% of the notice period and you are ready to serve the balance notice period.

You can refuse to pay the compensantion in lieu of the unserved notice period.

You can demand the compensation from the company for terminating the employment without notice period as per the employment offer letter terms and conditions.

You have stated that you were terminated on 03 May 2023, what were you doing all the while till this date without taking any action in this regard?

Or whether you are trying to gain knowledge from the epxerts of this forum to enrich/satisfy to your academic knowledge

2 Like

Dr. J C Vashista (Advocate )     24 June 2023

Well analysed, opined and advise by learned expert Mr. T Kalaiselvan, I agree.

Challange the termination order before appellate authority / court through a local prudent lawyer, if it is not a hypothetical academic post.

Ayesha   16 August 2023

Hello Sir T. Kalaiselvan, Advocate,

HR advised me to wait, saying that she would look into my case and let me know if lieu can be waived off. But on June 3, 2023, the same HR responded me and imposed me to pay the lie. 

I received the same statement from HR, that I have to pay the lieu as per the terms and conditions in my offer letter. Noone is providing any explanation for why they dismissed me without first providing a written note from the manager, HR, or higher team. The HR has sent a generic email on my termination date 03, May 2023 with false aligations regardig my performace. But it was not a legel email or notice from the company.

I was attempting to learn more about the experts so I could interrogate them. Additionally, I was expecting answer for the same from the directors of the company on my email that I sent on June 8, 2023, but no one has responded yet. They continue to ignore me.

Please accept my apology for not getting in touch with you earlier due to uncontrollable circumstances at my end. I am not in the condition to send a legal notice because I am not financialy stable at this time. Please help me to fix this problem which has been causing me and my family a mental trauma since the day of termination.

T. Kalaiselvan, Advocate (Advocate)     17 August 2023

If you are knowing the legal terminologies then you can draft the legal notice by yourself.

If you are not confident of the contents or the format then you can take the assistance of a lawyer in the local or one from this forum too.

Or you can issue a legal notice through a lawyer which would be more effective. 


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