Wrongfull termination

venugopal (Querist) 26 February 2014 This query is : Resolved
Sir; I have been terminated from an mnc due to lot of internal politics. My employment agreement says 1 month pay if terminated.they are paying me that. They mentioned inefficiency and delivery failure.
Can I take the company to court since I had delivered twice the completed work. What can I do get them to prove their claims. Pls suggest

regards
Venugopal

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Kumar Doab (Expert) 26 February 2014
Did the company eve issue any stinker, communication, notice, show cause notice raising questions on ‘Efficiency’ and ‘Delivery’?

Did it ever provide any support and training to improve upon ‘Efficiency’ and ‘Delivery’?

If you have evidence that you were not underperforming on ‘Efficiency’ and ‘Delivery’ then you can contest it.

You may initiate by writing to good offices of appointing authority, MD and ask to withdraw the termination order say in next 15 days……………………………..and highlight that this shall mar your employability and career in future, and highlight your achievements .
You can approach Employees Unions and Trade Unions.

It shall be proper to consult along with elders in the family a competent and experienced labor consultant/service lawyer in person and show the job advt, job applications, interview call letter, offer letter, selection letter, offer letter, appointment letter, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Appraisal policy, Termination Order and all other relevant communications.

Your lawyer can opine whether you shall be covered as ‘Workman’ as in ID Act ‘Employee’ as in (Name of your state) Shops and Commercial Establishment Act or not, appropriate govt a in your case, jurisdictional courts……………………and merits in your case.
Designation alone does not decide employee shall be covered as ‘Workman’ as in ID Act………….or not!

If the good offices do not provide any relief then:

--If you are covered as ‘Workman’/‘Employee’, you can approach the forum e.g; o/o Labor commissioner, Inspector under (Name of your state) Shops and Commercial Establishment Act…………….

--If you are not covered then you may have to approach Civil Court with claim of damages.

Civil Court may order reinstatement depending upon the merits in your and it may not.

Weigh all Pros and Cons and understand the merits from your lawyer, before you proceed further.