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sunil kumar (business)     06 December 2016

Termination on false charges by an ngo ( public trust )

Dear Experts,

I am working in a public trust/NGO in Delhi. I was on my probationary period which was due to end on 15th Dec.

I was terminated in November due to my bad performance and absentism from work. 

These grounds are not correct as they terminated me for being reserve and less socialising with the collegues. Also, I am not very good in english speaking but these two never affected my work. I met all the deadlines.

I got a warning letter just 2 days prior to the termination , I replied to the letter negating all the grounds and properly explaing all the points but on reciept of that reply they handed me over a termination letter. 

I did not accept the letter and wanted to discuss but nothing of this sort happened. They asked me to leave and forced me to sign privacy agreement ( stating I will not disclose it to anyone ) and also the termination letter . I refused to give my consent on the letter and they thretened me that my salary will be forfieted.

I want to ask all of you to help me on this. Please let me know how to go about it. 



Learning

 11 Replies

Kumar Doab (FIN)     06 December 2016

"They asked me to leave and forced me to sign privacy agreement ( stating I will not disclose it to anyone ) and also the termination letter .

Apparently you have signed on both.

The termiantion can be contested. You have replied to the letter/show cause notice.

 

 

sunil kumar (business)     06 December 2016

No kumar sir. I did not sign any of the letter. They were forcing me to sign that but I did not sign. Also they told other staff that my termination was mutual. Also, a mail was sent to all employees that the termination was mutual as he was not fitting into the role.

Kumar Doab (FIN)     06 December 2016

Termination by employer is by speaking order of termination and reason is mentioned.

Separation by employee is by resignation.

The email might imply that you have acepted the charges of employer.

 

 

sunil kumar (business)     06 December 2016

no sir in the email i contested and gave explanation to all the issues that were raised. I did not say I am accepting anything. Also, I provided them all the supporting documents and tickets to prove the ground of delibrate absentism is false. Also, I said your actions are discriminatory. Please tell me is there any legal remedy.

jyotirmaya behera (advocate)     06 December 2016

Without giving reasonable opportunity to you that is the violation of natural justice. On this ground the termination may quashed and fresh show case may issue. But you have to reinstate in service.

You have to show some documents:-

  1. Appointment letter
  2. Joining letter
  3. 1st show cause
  4. Reply to the show cause
  5. Termination order.

Collect above those document and contact the advocate who can known for service matter.

 

jyotirmaya prasad behera

Advocate, Orissa High Court

9861819294

Kumar Doab (FIN)     06 December 2016

Contest the termiantion on merits.

Take help of employee's/trade unions, and a very able counsel specializing in Labor/Service matters.

Kumar Doab (FIN)     07 December 2016

You were issued with a warning letter and you have replied and negated.

The docs on record and all employment related docs should be examined by a very  able counsel specializing in labor/service matters and opine that if the termination was stigmatic,punitive etc etc................

 

At Delhi you can find counsel par excellence specializing in labor/service matters.

You can also discuss with LCI experts from Delhi: Mr. H.S.Thukral, Dr.J.C.Vashista,Mr. R.K.Nanda.............

 

Kumar Doab (FIN)     07 December 2016

Avoid person posing as experts and loitering at many forums to fleece the unsuspecting and hapless querists/authors.........

Kumar Doab (FIN)     07 December 2016

Repeated at:

https://www.lawyersclubindia.com/experts/Termination-in-probation-by-public-trust-625086.asp

 

Kumar Doab (FIN)     07 December 2016

The salary can not be forfeited, as per limited facts shared by you.

Earned wages are debt on employer and employee can proceed to recover.

 

You may demand salary slip and salary both.

Kumar Doab (FIN)     08 December 2016

Hope you are satisfied.

While choosing a counsel avoid abusers that are loitering many forums to fleece the unsuspecting querists.


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