Termination of Employment
radha
(Querist) 16 May 2010
This query is : Resolved
Sir, Kindly advice on below mentioned case:
X had served Pharma companies of ranking 1st and one of top 10 companies in India as a Medical Representative, with meritorious service record.Later he was selected by a new company as a Area Manager and he established it in his Area with his efforts and knowledge from previous years.He was promoted to the post of Regional Manager by this company.He continued to contribute in strategy making and assisting his superiors/General Manager(GM).For his next promotion company asked him verbally to shift to Delhi, but offerred a meagre hike in salary.Due to his family reasons he expressd he can not shift.The company appointed a Sales Manager(SM) above him, and this guy was an old colleague of GM.SM started working autocratically and to show results started malpratices,and X did not become a party.SM was in tussle with X.Company intiated a talk to promote X to Deputy SM, but it did not materialise.SM developed cases against X, and influenced reportees of X to be against X.X sensed trouble and started developing his alternate sources of Income.SM and GM called X for a meeting by telegramme, a day before team meeting of X and told verbally they have decided to for sepertion with X and X should resign or face termination. X declined to resign and company terminated him levelling chrges of false rerporting loss of confidence, inability to lead, insatisfactory performance.X after legal notice filed suit in civil court, for reinstatement with full back wages. X has clarified there was no false reporting, and he has given teh best contribution and growth and Managers performing lower than him are still in employment of the company.
Company sent him the notice pay and asked to sign for full and final payment and did not include in F&F his legitimate dues e.g pending tour expenses and marketing expenses etc
Company has not paid 15 days salary, reimbursment of tour expenses and marketing expenses,leave encashment etc although X has been sending emails for an year.
X has been informing the CMD/Chairman of the company based abroad about malpractices of this company officials and the GM of X was made to resign, and his SM is sitting at the door to exit anytime.Everyone in Indian HO knows the emails sent to CMD are sent by X.
Can Co. hold the payment of his dues for last one year.
Should the company send the payment of his gartuity on their own.
The new SM ( old colleauge of X) has been requesting X not to send legal notice for release of his withheld payments and commented that the Company layer may file an application in court in next date that although the case is in court, X is sending emails to company asking for his payment.
Can the company lawyer do it.
What is the merit in this case.
Kindly advice on this case.
Devajyoti Barman
(Expert) 30 October 2010
No, the acts and the proposed acts of the company is not in accordance with law. You should file a civil case for recovery of your dues.
