Wrongful termination
Raghav Sarkar
(Querist) 04 August 2016
This query is : Resolved
I just completed my engineering in june 16. A coaching institute came for the campus placement in our college and selected me for the post of the faculty of Chemistry. They gave me an offer letter clearly stating my post to be Faculty Chemistry. But when i joined, they forced me to take maths and other subject classes and only on many requests gave me one Chemistry class but still forced me to continue with the maths classes as well. Now when i refused to continue with other subject classes, they terminated my job.
Also our college had rule that if you get selected by a company then you are not liable to sit for any other placement. Now since I was selected by this institute, i was not allowed to sit for other companies. Now this unjust termination has left me unemployed.
Can the institute be booked for wrongful termination and breach of contract? The problem is that they have not given me appointment letter. The only proofs i have are the offer letter and the bank account for receiving salary.
What's the advice of experts on this? Please mention the IPC section under which they can be booked.
Advocate Rajkumarlaxman
(Expert) 04 August 2016
You can issue a notice immediately to reinstate you in the services and ask for the reasons for termination and if known to you as u said that notice to be issued on this basis of reasoins for termination. legal notice through an advocate is must if you want to get reintated then you can go further for proceeding against them if they do not comply
Sudhir Kumar, Advocate
(Expert) 04 August 2016
given facts do not show any violation if you were on probation.
employer cannot be compelled to tolerate a refusing employee.
Raghav Sarkar
(Querist) 04 August 2016
Mr Sudhir Kumar Sir u replied ''given facts do not show any violation if you were on probation. employer cannot be compelled to tolerate a refusing employee'' But the fact is that i have not refused the job i am hired for, i have refused the job which was not in the contract. Now even if someone is on probation,employer cannot give him the job outside the contract. Isn't this clearly a violation ?
Guest
(Expert) 04 August 2016
Mr. Raghav Sarkar,
No employer likes a defiant employee. Misconduct in job, as insubordination if committed, no legal notice for reinstatement may work for you. If you were very particular about the job of only faculty of chemistry, you could well have tried to convince the management about the conditions of your employment, rather than defying their orders.
Rather, in my views, if you wanted to stick to your very limited fortune by not trying to enhance your faculties in maths by availing opportunity provided by the company, you should not have the grudge of termination.
Raghav Sarkar
(Querist) 05 August 2016
Mr. P.S. Dhingra,
U say ''you could well have tried to convince the management about the conditions of your employment, rather than defying their orders''. Well of course I tried to convince them and made them aware of the fact that this is out of our contract. But they took it on their ego.Hence this action.
Now what u call as limited fortune by not enhancing my faculties, you must understand the that if you are teaching a particular subject for IIT JEE then u gotta be absolutely learned in that particular subject. It is not some school teacher job of learning and teaching things superficially. Those who try to show this over smartness of going for more than subject, especially at the beginning stage, end being mediocre in both and not an expert in either of them. So this is not limited fortune rather the actual way. Find out all the faculties in big coaching institutes which are even paid in crores teach only one particular subject not all. But they are absolute expert in that.
Sudhir Kumar, Advocate
(Expert) 05 August 2016
you said
"i have not refused the job i am hired for, i have refused the job which was not in the contract"
but you also said
"Now when i refused to continue with other subject classes, they terminated my job. "
So you have refused teaching job despite the employer having found you talented for teaching other subject.
Please note that the rules do not put absolute discretion even to a Govt employee to refuse whatever he feels not his charter.
You also replied to the advise of Mr Dhingra that
"I tried to convince them and made them aware of the fact that this is out of our contract. But they took it on their ego."
You have now intimate3d that it was an institution preparing for JEE exam. In such like institute and employer will not at all be wise to except minimum resistance from faculty for teaching the students from whose parents the institute is extracting their fortune.
You had not at all been thankful to the luck in view of the facts that many B Tech qualified boys are now joining as clerk/peon in Govt offices.
Sudhir Kumar, Advocate
(Expert) 05 August 2016
you said
"Can the institute be booked for wrongful termination and breach of contract? The problem is that they have not given me appointment letter. The only proofs i have are the offer letter and the bank account for receiving salary."
So there was no contract whose violation you are relying upon. The only thing is that they employed you immediately and you made them to repent and mend.
Sudhir Kumar, Advocate
(Expert) 05 August 2016
you asked
"What's the advice of experts on this? Please mention the IPC section under which they can be booked. "
The experts have given their advise and you prefer to argue with experts.
There is no IPC section as on now to deal such situation. Facts given so far do not also indicate applicability of any IPC section against you also.
Sudhir Kumar, Advocate
(Expert) 05 August 2016
you tried to teach Mr Dhingra
"you must understand the that if you are teaching a particular subject for IIT JEE then u gotta be absolutely learned in that particular subject. "
So institute was right in avoiding to continue with a white elephant who is expert of one subject only.
Guest
(Expert) 05 August 2016
Mr. Raghav Sarkar,
By your direction, "you MUST understand" to me, you have intended to teach me, as one of the members, who tried to make you aware of what is what of your case, as based on your own description.
First of all, you should be aware of the fact that, it is not me, but it is you who have to understand where do you stand and how you try to behave with even those persons, who try to make you aware of the reality as against your own false perception.
So, any body can guess, your intemprate language clearly indicates that you would have tried to teach your employer also by using such type of intemprate language instead of presenting your side submissively.
So, unless you understand master-servant relations in employment, you cannot be expected to be successful in your service. Rest depends upon your own wisdom, which by now made you terminated.
You should also know, no employer prefers to make huge expenditure in the process of frequent recruitments by terminating his employees on small issues.
However, if you feel that your termination was wrongful, you may better file a case against the employer by hiring some local lawyer by showing your papers to him.
I can only say, best of luck to you.
malipeddi jaggarao
(Expert) 05 August 2016
Mr.Raghav, it is a private coaching istutute. They do not have specific service conditions. Knowing fully well about the coaching institutes, you should not have opted for the job. According to me you have no remedy practically except loosing time and money on this issue. Better search for another job of your liking. The way you are leading this query shows your defying nature, which no private institution would like to bear with. Argument might be good for sake of argument. but not for settlement of life.
adv.bharat @ PUNE
(Expert) 05 August 2016
Agreed with expert opinion you need to do according to their advice.
Rajendra K Goyal
(Expert) 05 August 2016
Agree with the advice from expert Sudhir Kumar and P S Dhingra.
Your case has almost negligible merits in your favor.
Instead of spoiling your time in litigation, first search for another job which is prime target for you.
Raghav Sarkar
(Querist) 05 August 2016
Thank you Mr.Kumar, Mr.Dhingra, Mr.Jaggarao,Mr.Goyal and Mr.bharat for your advises.
Now as far as arguing with experts or what you called as teaching the experts is concerned,what's wrong in it? Even Experts are not impeccable.After all they are also human beings.In the past Experts have also lost their cases terribly.
And Mr.Dhingra you said '' it is you who have to understand where do you stand and how you try to behave with even those persons, who try to make you aware of the reality as against your own false perception''. Well at least as a lawyer you should not have said this. Cause all opponents in court cases think that their cause is right and the opponent is having a false perception. Well that's how we get two opponents. If people start accepting that they are false then there will be no cases in courts. After all every case has a losing opponent.
And many a times it has happened that someone lost his case in High Court and then appealed in the supreme court and then won it. Now according to you, that person should not have gone for appealing in the supreme court as there is no other better expert than a Judge and that expert himself has found his perception false.
So I am anyway filing a case under ''Industrial Disputes Act, 1947, and Workmen's Compensation Act, 1923''.
But still thank you for your opinions.
Raghav Sarkar
(Querist) 05 August 2016
And Mr.Kumar u said ''So institute was right in avoiding to continue with a white elephant who is expert of one subject only''.
Now with all respect i would like to say that u might be good at job of a lawyer but u certainly have no idea about the JEE coaching field.
Well i can tell you incidences where people all the subjects like physics ,chem,maths, applied for the post of faculty but were not selected. Cause institutes doesn't want a person who is mediocre in all subjects and not an expert in either of them.
The institute that has fired me is not a known institute for giving JEE results.And this the reason for that. They don't allow any faculty to become an expert in any particular subject and make them teach every subject.Hence there are no expert teachers in that institute. As a result they don't give even a mediocre result.Its worst. Since the director has taken franchise of one national level institute, his only aim is to earn as much money as possible before his retirement in coming 2-3 years. Hence he cutting down the cost of expert faculties and recruiting freshers like me and take the work of 3 faculties from a single faculty.He doesn't care about result.
P. Venu
(Expert) 05 August 2016
Yes, you can take a chance with Law. Law is never static; it certainly is capable of raising its pitch to emergent situations. However, I am not sure, whether an Industrial Dispute could be raised. Perhaps, a Civil action would be the proper course.
Guest
(Expert) 05 August 2016
Mr. Raghav Sarkar,
You are quite free to take chance with the law even up the the SC level. Nobody can prohibit you to do so. I have already wished you best of luck. As an impartial person, our bid was to make you aware of the reality of the things as far as possible, as based on our practical experience of decades. It was up to you only to acept or reject the advie/ guidance/ opinion.
Sudhir Kumar, Advocate
(Expert) 06 August 2016
"u certainly have no idea about the JEE coaching field. "
sorry. your employer knew better than you and me. They decided in their wisdom that you can teach "X" subject as well as "Y" subject.
If they intended to produce mediocre students only it was their wisdom. They are well within their right if the customers are satisfied. You cannot compel them to raise their quality.
You yourself said that they do not want expert teachers. So they hired novice like you who did not suit their bill and thrown you out.
Sudhir Kumar, Advocate
(Expert) 06 August 2016
you said
"And Mr.Dhingra you said '' it is you who have to understand where do you stand and how you try to behave with even those persons, who try to make you aware of the reality as against your own false perception''. Well at least as a lawyer you should not have said this."
It is not for you to tell Mr Dhingra what he should understand or not and what he should say or not.
The experts of this forum are not bound to say what you want to hear. This privilege is there only for dictators of small counties.
Sudhir Kumar, Advocate
(Expert) 06 August 2016
You were so far advised that you have no case.
This advise waa against the financial interest of legal fraternity.
Now considering your attitude of claiming to be knowing mor ethe experts have stopped advising so and encouraging you to go to court.
Yes even lawyers need person like you. They also have to earn a fortune.
So go a head.
Sudhir Kumar, Advocate
(Expert) 06 August 2016
After rethinking in last 24 hours I could perceive some sustainable action against the institute but I decide to withhold my views.
Guest
(Expert) 06 August 2016
Mr. Sudhir,
The querist is at full liberty to waste his energy, time and money to fight legally with his employer. Why should the community members of this forum be worried for his personal affairs, when he is not ready to take benefit of even a free advice?
Sudhir Kumar, Advocate
(Expert) 06 August 2016
opened new thread
http://www.lawyersclubindia.com/forum/Wrongful-termination-140546.asp
Kumar Doab
(Expert) 06 August 2016
Did not notice this thread.
You have been thoroughly advised in all threads.
Raghav Sarkar
(Querist) 06 August 2016
Mr. Sudhir, that is not a new thread after discussion(which you call insult) here. Look at the time of posting. It says 2 days ago.It is posted even before the discussion started in this thread. In fact first i started the other thread and then realised that it would be proper to post this as a query rather than a topic of discussion. But anyway there's nothing bad in discussion also and it opens the scope as well so i decided to keep that as well. SO please don't spread rumours sir.
Raghav Sarkar
(Querist) 07 August 2016
Mr. Sudhir Sir,
U said ''You cannot compel them to raise their quality''. Well don't raise that i don't even care,but for that i cannot degrade my quality. Only if you are thoroughly involved in your subject and studying and doing all kinds of different question, you can expertise your subject. Not by teaching others subject as well and remain mediocre in all.
Unfortunately they don't mention all this in offer letter,which clearly talks about one subject only. If they would have mentioned it in offer letter well before then i wouldn't have accepted their offer.
So basically they are playing with careers of youngsters.
Raghav Sarkar
(Querist) 07 August 2016
Mr. Sudhir u said ''You were so far advised that you have no case.
This advise was against the financial interest of legal fraternity''.
Yes u r right and i would appreciate that you didn't considered me as a prey from which you can extract the money.
But believe me nothing went wrong against the financial interest of legal fraternity cause even after your clear no case advise, many lawyers have messaged me personally saying, yes u have a case and call me for paid legal advice. But i understand it all. And sir i m not interested in them. I am interested in those who refuse my case like you and mr. dhingra sir. Cause definitely that institute would also hire a lawyer that will give contentions like you and if i am able to refute your contentions now and can convince you that there's certainly a case then i have already won the case.Then in the court there will be just revision of this discussion. And it looks that i am successful in doing that cause you yourself have accepted that after rethinking for 24 hours, you think there's substantial case against the Institute.
So in a way I have gained respect for you and Mr.Dhingra that you tell what seems right to you and do not take advantage of opportunity to extract money from gullible people.
But you also try to understand what subtle work i have done here.Think on it.
Sudhir Kumar, Advocate
(Expert) 07 August 2016
I never said that there is a case strong enough for reinstatement. Please do not wrongly interpret
"I could perceive some sustainable action against the institute but I decide to withhold my views"
You perceived it
" substantial case against the Institute. "
Kumar Doab
(Expert) 07 August 2016
You have thoroughly been advised, in both threads.
If you are proved to be a teacher then you are not covered as 'Workman' as in ID Act.
Approach a very able counsel specializing in service matters, damages etc for a considered opinion.
Hemant Agarwal
(Expert) 11 August 2016
Raghav Sarkar :
You stated :
==== quote
" A coaching institute came for the campus placement in our college and selected me for the post of the faculty of Chemistry. They gave me an offer letter clearly stating my post to be "Faculty Chemistry". But when i joined, they forced me to take maths and other subject classes "
==== unquote
IF documentary evidence of the above is available and "IF" there are no riders in the "offer letter", and depending on the availability of relevant witnesses and depending on the words of the "termination letter", THEN subject to various strategic parameters and the "Capability & Capacity" of your local criminal lawyer, you have option of Criminal Action on the "coaching institute" as well as "the college", as follows:
a) Criminal Breach of Trust (u/s 405 IPC)
b) Cheating (u/s 415 & 418 & 420 IPC)
c) Abetment (u/s 107, .... IPC)
d) Forgery (u/s 463, .... IPC)
e) Criminal intimidation (u/s 503, .... IPC)
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 11 August 2016
You may club the suggestions from both threads and Approach a very able counsel and proceed further under expert advise.
Raghav Sarkar
(Querist) 11 August 2016
Thank you Mr.Hemant Agarwal. and Mr.Kumar Doab
Guest
(Expert) 11 August 2016
That will be fine if you hire services of a capable lawyer, so that you get full satisfaction.
