Illegal termination from services

rao (Querist) 06 October 2015 This query is : Resolved
Hi,

i have been working as a senior manager in a MNC. The company has terminated the services on the ground that i have taken kickbacks from the vendor. there was one transfer from the vendor to my personal account. i have shown enough evidence for the same and the vendor has also accepted the fact that it is personal. no loss has happened to my employer. Because it is personal, i have asked him to transfer online.

the company has not yet settled my F&F. In view of the above, what are the legal options i have.

Thank you,

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Kumar Doab (Expert) 07 October 2015
Do the service conditions,HR policy/Service Rules and regulations,Conduct and discipline Rules list such act as Misconduct?

Did the company issue show cause notice, grant an opportunity to explain?

Has the vendor accepted it in writing and is willing to testify before lawful authority,court.

Has the company declined to pay in writing?

Have you written to call back the termination order?

You may show all relevant documents on record to an able labor Law Consultant/Service Matters lawyer/Law Firm and spend quality time to understand the merits and remedies that you can have.

K.S.Srinivas (Expert) 12 October 2015
Answer the queries of Sri Kumar Doab.

rao (Querist) 13 October 2015
Thank you very much for the reply Mr. Kumar Doab and apology for not reverting.

Thanks Mr K.S.Srinivas for the follow up.

I reproduce below Clause 7.2 of the appointment letter.

7.2 Termination of your Employment by the Firm

Firm retains its right to summarily dismiss an employee without pay in the appropriate circumstances such as when you have been considered guilty of misconduct or fraudulence.

For a period equivalent to notice period (which is two months in this case), the Firm may, in circumstances in which it reasonably believes that you are guilty of misconduct or in breach of your employment terms in order that the circumstances giving rise to that belief may be investigated, suspend you from the performance of your duties or exclude you from any premises of the firm and need not give any reason for so doing. Remuneration will not cease to be payable by reason only of such suspension or exclusion.

The company has not issued an show cause notice nor given an opportunity of being heard.

The vendor has confirmed about this to the company during investigation and also willing to appear before the court of law and is ready to provide in writing.

The company has issued termination letter.

Yes, I have written them to provide me the reasons and the evidence to me. They have not.

I have issued a legal notice to them and waiting for the reply.

I will now approach the appropriate authority in labor department.

Your further views and opinions are more helpful to me.

Thank you.

K.S.Srinivas (Expert) 13 October 2015
As per the information furnished by you and as per clause 7.2 of appointment letter, you have best chances of winning the case. Consult a Lawyer and file a petition in the Labour Court/High Court.