Susmit Das 07 June 2023
I worked for a company from December 2022 to March 2023, after which i was terminated. The HR team gave corresponded via email that I will be entitled to 7 days' severance and all the money will be processed after 90 days from the date of termination. Recently I came to know that any case relating to non-payment of salary by company will have to be filed within 90 days. Is this true? If so, what are my legal options?
Dr. J C Vashista (Advocate and Legal Consultant) 08 June 2023
Why were your service was terminated within 4 months of appointment ?
How did HR calculate 7 days salary whereas you did not get salary for about 4 months ?
Facts posted are incomplete and confusing.
It is better to consult a local prudent lawyer practicing service matters.
Susmit Das 09 June 2023
Thanks for the prompt reply Dr. Vashista..here is a detailed summary of the events:
-i worked from December to first week of March after which i was terminated
-i have recieved the salary up to February
-HR told me that 7 days severance will be paid with full and final settlement by 12th March and tried to pursuade me to resign first using this. When i said no, i was sent an email saying I'm being terminated.
-however when the the actual termination letter came to me, it was written that the due salary, reimbursements, etc will be processed after 90 days
-till now, i have recieved no Full and Final Settlement and it is about to be 90 days
My question is: HR promised that Full and Final settlement will be done by 12th. She also used that to pursuade me to resign, of which i have proof. Does this fall under corporate fraud? And if the money is not credited into my account within 90 days, can i sue for fraud?
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