Wrongful termination

Querist : Anonymous (Querist) 18 December 2015 This query is : Resolved
Hi all respected professionals. I work for a KPO company. I have been terminated stating that I've involved in a malpractice during my final evaluation(to confirm the job after training in probationary period ) by taking the picture of question paper. Evaluation was given even though they were aware that training was done just half way as i was on leave for 35 days owing to the work place injury. I took the photo of the question paper as most of the questions were on the uncovered topics through which i can claim if i fail. And same explanation was given for the show cause notice which says I've misconducted and have been detrimental to the company as per clauses mentioned on the appointment letter. Even after that they've given a termination letter in which an additional clause "violation of company's private intellectual property" is included which was not there in the show cause letter. I noticed it after signing the termination letter in front of their legal advisor(FnF is cleared). Don't you think it's a wrongful termination?
Please help and share your opinions so that i can think further and contest legally.

PS,
-35 days leave was loss of pay
-They have considered that giving even lop leave during probation is a privilege(I had to under go knee ligament reconstruction surgery because of the work place injury.)
-They're not even giving experience certificate of 6 months on my request.
-Medical bills are cleared from them.
-My TL was not good with me as I didn't agree that granting leave for work place injury is a great privilege. Because company has agreed that they are accountable for the injury.

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Querist : Anonymous (Querist) 18 December 2015
Please help

Adv. Yogen Kakade (Expert) 18 December 2015
Same query from the other forum.. consult a labour officer of your region.

Kumar Doab (Expert) 18 December 2015
Ideally the leave for workplace injury be fully paid.

Consult your able counsel for compensation for workplace injury (other than medical expenses).

Service certificate has to be given to all employees.

The question paper is otherwise candidates property. Your counsel may advise to take such stand.

You have posted that:

" I've misconducted and have been detrimental to the company as per clauses mentioned on the appointment letter. Even after that they've given a termination letter in which an additional clause "violation of company's private intellectual property"

The clauses of appointment letter cited have to be fully gone thru and interpreted.

The company's private intellectual property is also to be understood.

Since you were vindicated by TL, may be that they jumped over to exaggerate and build an issue from a trivial matter.

Consult an able counsel specializing in labor law.

Kumar Doab (Expert) 18 December 2015
Don't post as anonymous and post your name in next post.

Don't repeat the queries.

Kumar Doab (Expert) 18 December 2015
Have you posted query at following link also:

http://www.lawyersclubindia.com/forum/Wrongful-termination-130905.asp

Kumar Doab (Expert) 18 December 2015
Are you a member of employee's/Trade Unions?

What was your designation and nature of duties?

You were in which state?

Your reporting office and Corporate office and Redg. Office of company was in which state?

How many person were employed in company?

Does the company have standing orders (certified/model)?

Reply pointwise to all points.

Querist : Anonymous (Querist) 18 December 2015
Sorry for repeating the queries. I accessed through phone and got confused.

Thank you so much for your valuable response Mr Kumar.

No. I am not a member of employee's/Trade Unions.

Designation: Client service analyst.
Nature of Duty: Online Ad trafficker.

(Injury happened because of conducting strength involving sport activity(one on one tug of war) inside a meeting room by TLS unprofessionally. It has been justified as work place injury by the vice president of the company for their unprofessionalism.)

I reside and work in Karnataka/Mysore.

There are 1200+ employees.

Yes.It's a well established organisation.

Kumar Doab (Expert) 18 December 2015
Does the company have standing orders (certified/model)?

Or has the state of Karnataka exempted this company from standing orders?

You need to confirm!

You may also copy and paste the explicit clauses from appointment letter and company's private intellectual property!

In experts section there is no provision of attachment.

Or you may attach in other thread in forum and confirm. You may erase the names etc to maintain the confidentiality.

You should be a member of employee's/Trade Unions.

The list of unions is available on Dept. of Labor Karnataka.

It is almost certain that as per its internal and private polices now the company may not reverse its decisions and you may have to agitate with the help of an able counsel.

Rajendra K Goyal (Expert) 18 December 2015
No reply to query from anonymous.

Wrongful termination

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