Termination from services

This query is : Resolved 
 

(Querist)
16 May 2018

I am a pvt sector bank employee at senior level. I was given performance improvement plan on which I showed improved . But my higher-ups are not agreeing and want me to resign. I am not agreeable till I get alternate employment or compensation.
Can I refuse to accept their termination letter in case they serve me termination.
I am planning to take legal recourse.
Pls advise



PIP is a very safe route for the employer to throw an employee out of employment on the false plea of bad performance and denial of even gratuity on termination by taking the route of disciplinary action.

You could have refused to accept PIP, but cannot now refuse acceptance of termination letter that too after PIP, as per the term of your employment.

Had you raised your issue before accepting the PIP, I would have adequately guided you with detailed process how to handle the issue and bargain for sumptuous severance pay along with pay in lieu of termination notice, as I handled such of the cases of the MNC employees. However, if considered appropriate, you may get the terms & conditions of your offer/ appointment letter examined in detailed from some local expert in service laws for further advice, if some safe and useful action can be possible with reference to such terms..

.

Ms.Usha Kapoor (Expert)
17 May 2018

I agree with Dhjingra JI.

P. Venu (Expert)
17 May 2018

They cannot terminate without recourse to the due process.


There is no option to you to accept or refuse the termination letter once it is signed by the authority competent to terminate your services.
The PIP may be a lame excuse but the reason for your termination may be different, however you concentrate on your own reason i.e., gather all the concrete evidences to prove your improved PIP.
File a writ petition before high court for relief and remedy.

P. Venu (Expert)
18 May 2018

With due respect to learned expert Shri Kalaiselvan, it stated that no Writ Petition lies against a private employer.



Guest (Expert)
18 May 2018

Here I fully endorse the views of Mr. P/ Venu.



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