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Diya (Manager)     13 January 2014

Wrongful termination

Hi

 

I am working with an MNC as a sales manager for the past 8 years . My performance was rated very good during most part of my career.I have got very good promotions and increments over these years. Last year was very tough for the industry with very low growth rates. 80% of the managers didnt achieve their plans last year. There are many people who are below my level of achivement. Company also didnt achieve targets.

My relationship with my boss who joined only in the middle of the year was not very good. My low achievement was taken as the reason, my boss wants me to resign immediately, otherwise he will terminate me. He is clearly acting against me on a personal agenda.They are willing to pay me the stipualted 3 months notice period salary.

My point is that  I was never issued any memos or show cause in the past. There is no written communication informing me that I should improve in any particular aspects. Just on the basis of 1 year performance when the industry is going through tough time, is it justifiable to terminate a permanent employee.

What are my options. I want reinstatement.

 

 



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 3 Replies

S.QAISAR ALI ADV. (Advocate)     13 January 2014

if u r terminated without any prior notice,you should file a writ petition in the hon'ble high court under art, 226 of the constitution of india,challanging the termination order on malfied grounds.

Kumar Doab (FIN)     13 January 2014

You have posted that:

---“I want reinstatement.

and

“my boss wants me to resign immediately, otherwise he will terminate me.

 

Both are conflicting.

Have you already resigned or have you already been terminated?

---“80% of the managers didnt achieve their plans last year. There are many people who are below my level of achivement. Company also didnt achieve targets.

The dip in sales, Tgt Vs Sale is uniform and universal across all offices of the company.

What is precisely the reason for your boss turning biased, vindictive, and zealous towards you?

It is time to build favorable record in writing.

Although you have been working for long wit this establishment, employment is not marriage.

If the line managers have not committeement for you, why should you have it.

You have performed very well and are experienced try to be with another employer at a better position and with better package.

This would be a very loud  sl*p on the face. Corporate fights are best fought in market place.

Have you been included in ‘Verbal Challenge’, PIP etc?

Sales Manager may be covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act.

 

Does your company have its Internal Grievance Redressal Mechanism?

Do you have any evidence (audio/visual) that can support you?

If you can post what is the trade you are in e.g; Insurance, Equity etc............................some more inputs may be possible.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     14 January 2014

well elaborated by Mr Kumar Doab


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