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Mohammed Khan (asst manager)     15 January 2018

Unlawful termination letter

Dear Sir,

Myself  from mumbai, i am working in IT Computer dept. since 9 years in one of the FMCG company located in mumbai
Suddenly the company has asked me to resign because of poor performance but they are not able to proof it or given me in written or email.
Now they are forcing me to resign else they will ask HR to send me the termination letter.
Please help me to know what should i do? as i have lots of loan and responsibility, i am searching for job but still not received any offer.


 3 Replies

Kumar Doab (FIN)     15 January 2018


While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?


Kumar Doab (FIN)     15 January 2018


Do you have any recorded/irrefutable evidence (audio-visual/witnessed/minuted) that you are being coerced/forced to resign and if you donot resign you will be terminated by asking the HR to issue termination order?

Who is demanding that you should give up your employment by resignation say; bosses in Line Management?

Are they not willing to let you remain in current employment till you firm up your next venture?

Do you have record of KRA’s, targets vs Achievements, parameters and actual performance?

Does this record show that you have adequate performance on performance parameters?

Are you included in any penultimate clauses say; PIP?

Is there any grievance redressal committee?

If you have built rapport, goodwill with higher bosses then why don’t you apply IT and buy some more time, till you firm up your next venture!

They (whoever they are e.g; bosses) are not issuing any written communication on performance then IT might be since they don’t have enough grounds to initiate termination on performance grounds and might adopt some other grounds……say some misconduct… or clauses in offer/appointment letter, service rules to terminate……

Apply your skills to buy time and build irrefutable record to defend your interest if need be in appropriate forum at appropriate time.

At the same time put in more efforts to firm up your next venture also, ASAP.


Kumar Doab (FIN)     15 January 2018

The title of query points as if Termiantion Order has been issued whie thequery does not point so.


Same Query:


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