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Nisha Khandelwal   30 November 2021

Legal action against the school

Hello

I have been working in a reputed CBSE School from 20th November 17.on 30 Nov 2021 I got  sudden termination from the school without any notice.Principal said that by 1 Dec 2021 I will not be regular. Kindly tell me if  I can do against anything about it or any legal action I can take against them.



 4 Replies

Anaita Vas   30 November 2021

You need to move a petition against the School for wrongful termination from services. You have a very strong case and you may prepare a case based on the following grounds:

i. Breach of contract: Whether the conditions mentioned under the contract was complied with such as setting up of committee, enquiry, notice period etc.

ii. Violation of Principles of Natural Justice: You were not given a fair hearing before terminating your services. (Violation of principles of audi alteram partem).

iii. Arbitrary and unreasonable action by the School: Arbitrary action of terminating your services without any real cause.

There are very strong grounds to make a claim against the School for damages and compensation.

 

Regards,

Anaita Vas

1 Like

Manisha Pandure   05 December 2021

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Sudhir Kumar, Advocate (Advocate)     21 December 2021

Originally posted by : Nisha Khandelwal

HelloI have been working in a reputed CBSE School from 20th November 17.on 30 Nov 2021 I got  sudden termination from the school without any notice.Principal said that by 1 Dec 2021 I will not be regular. Kindly tell me if  I can do against anything about it or any legal action I can take against them.

 

 

what is present status

Aryan Raj   21 December 2021

In response to query,

These are the following grounds and remedies available for you to sue the School for wrongful termination-

The employer must provide just and reasonable cause for terminating an employee's employment. It should be in accordance with the statutes or the job contract's stated grounds. Because federal and state laws outweigh contract stipulations, employers must follow them when terminating employees. The employee has a right to a hearing before his or her employment is terminated. He must be given a chance to explain himself and demonstrate why he should not be fired or sacked. In addition, when an employee is sacked or dismissed, he must be given grounds for his dismissal or discharge.

It is also wrongful termination if you were fired due to a workplace quarrel, personal grudge, unwillingness to execute on the employee's illicit commands, and so on. You cannot be fired because of a personal feud between you and your boss.

Regards,

Aryan Raj 

 


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