Illegal/forceful removal from the services by the employer !!!

Amit Arora (Querist) 09 February 2012 This query is : Resolved
Dear Experts,

I had joined a leading broking house (Ltd Company) in Delhi in Operations Department in July'2010 and working in the same company till date also.

Recently I had a professional dispute / arguments with the management regarding my increment/ appraisal, which was a very petty amount and hence, I requested them to review my performance and profile and do the increments accordingly.

The said argument/discussion may have hurt their personal ego hence, the management has served me a 30 days (ending in Feb end) notice to leave the job.

1) The offer letter and appointment letter does not talk about such 30 days Notice clause from the employers side.... Can the company remove me forcefully from the job citing such reasons that my position has been abolished?

2) What legal actions can I take against my company for such forceful removal?

3)They had given me increments and performance incentive in December' 2011 and have served me 30 days notice in Jan'2012 (after a month). The company is giving contradictory statements...one one hand they are saying that for cost cutting, they have abolished my position and on the same time, they are also saying that my performance was not good.

4) I have never been given any warning letter by the company during my probation period of 1 year and till date also so can they terminate me on the grounds of non-performance ?

5) Is it possible to take a stay orders from the Court on the 30 days' notice issued by the company?

Please suggest me the further course of action and provide your valuable advice.

Thanks

Follow Query

Report Abuse

ajay sethi (Expert) 09 February 2012
in the private sector there is no guarntee of employment . companies follow hire and fire policy .

the company has given you 30 days notice .

instead of trying your luck in corts go and meet the senior management .

give an unconditional apology in writing for your conduct . request the company to take back the notice of termination .

on seeing your humble attitudecompany may agreeto keep you in service .

always part with your employers on an amicable note . even if they dont take you back leave the company on good terms .

prabhakar singh (Expert) 09 February 2012
The court case shall bring you no result you can fruitfully utilize.
There is no life long job guarantee in private companies.
You rightly realize the reason of this outcome,negotiate or part cool.