Termination from employment

Has he stated so in writing?

Did you record this meeting (audio/visual/minuted/witnessed)?

You may draft the query again comfortably.

It is not clear if any offer/apointment letter was given to you or not?

As far as your p.f. is concern give a complaint through this website. www.epfigms.gov.in and submit your complaint. They takes action on your organisation management for not fullfilling their duties. You can approach labour department at your office area with your complaints in writing properly.

First take time to cool, and let destructive thoughts disturb you in spoiling your own career.  No employer wishes to discontinue the services of an efficient employee, inspite of such personal weakness. Let it be.  First focus on your future prospects, as any bad name from reputed company deprives you of chances in other company, if that company is a reputed one.  Every individual can not fight on a well established organisation that is equipped with men, money and machinery.  Onecan only struggle for his rights and deserving dues as employee..  In this conflict the stake is your mental peace.

Well adviced by the Learned members hereinabove. Please consult a lawyer dealing with labour matter with all your documents at the earliest. 

As per you your boss has shouted verbal termination order on you.

Draft your query properly and post again.

My name is Jayakumar Regarding Termination from employment there is no letter given for termination senior Manager collected Resignation letter from me he threatened if i have not given resignation i will be transfer to Delhi HO i cannot accept that condition because i cannot leave my family and also previously one employee transfered and they shuffled that employee in various show room in Delhi finally Managment collect Resignation from him  Termination without notice given by the manager not only my self so many employees in my post he is appointing person temporarly 

i want to issue legal notice against him please give reference good service oriented advocates

my humble reques

In your first post; You have not mentioned that you have handed over the resignation letter!

Did you resign with immediate effect?

Do you have a copy, and acknowledgment  of the same? Did you write in notice/resignation or in any subsequent communication that you were forced to resign?

HOw many days back you have presented your resignation on the platter to your boss/manager?

What exactly do you want now?

For a proper response, While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation.
 

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?


You were in which state ?


What is this establishment; Commercial/Industrial  ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

You were under probation/confirmed?

What is the notice period mentioned in appointment letter?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................forced you to resign?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

Has employer supplied anything to you in writng, till date?

Did you record the calls etc?

What was the max. number of employees this company had any point of time?

One can not have cake and it too.  When you are under employment, the transfer is always at the discretion of the employer and you can not insist for retention at a place of your choice alone.  The issue takes many twists and turns.  No confirmatin of termination through written orders and there seems only oral threats.  The authorities who can transfer may be different and they may take decision on facts appearing on records and may consider or may not consider the immediate superior's recommendation. If you wanted to nail the issue or axe it depends on your decision.

Is it mentioned in offer/appointment letter issued to you that your service can be transferred?

YOU HAVE NOT BEEN TERMINATED.

YOU HAVE RESIGNED.

IF YOU CAN ESTABLISH YOU WERE FORCED TO RESIGN THEN IT IS OFFENCE AND CAN BET TERMED 'DEEMED TERMINATION'.

IF YOU HAVE RESIGNED WITH IMMEDIATE EFFECT THEN EMPLOYER MAY SQUARE OFF YOUR DUES BY NOTICE PAY.

Originally posted by : JAYAKUMAR
	My name is Jayakumar Regarding Termination from employment there is no letter given for termination senior Manager collected Resignation letter from me he threatened if i have not given resignation i will be transfer to Delhi HO i cannot accept that condition because i cannot leave my family and also previously one employee transfered and they shuffled that employee in various show room in Delhi finally Managment collect Resignation from him  Termination without notice given by the manager not only my self so many employees in my post he is appointing person temporarly  i want to issue legal notice against him please give reference good service oriented advocates my humble reques

If you can prove that the resignation has been obtained from you by force or coercision then only you can challenge the termination. What you can do now is to issue a fresh letter at the earliest to the company withdrawning the letter of resignation mentioning the ground therein. You are requested to consult a lawyer before getting such letter drafted. 

Regarding the transfer point, it is the right of the employer to transfer to any place of work if allowed in the letter of appointment. It does not matter whether you are confortable (in respect of professional and personal lives) or not. 

If the transfer is malafide with bias and only to harass, pnenlize then employee may contest.

For further response reply pointwise, to all points.

Rest is upto you.