Wrong Notice Pay claim by TOP MNC Company

Hi!

You have narrated the incident on the same day, and this is good.

Please go through mails you have sent and you might have received, carefully again, as you might have written that you are indisposed, sick, and you have to pick up useful and important points from them now.

It appears you had asked for a sick leave only for one day, and you may be feeling indisposed on that day, unable to move or work, and even go to a doctor immediatly.. Do you have Doctor's prescripttion with you.Are you staying alone , on rent ,or with your family.

Did you apply for sick leave as per your company process i.e on line or offline leave application form. Did you send any SMS.Have you maintained any record of the phonbe calls you have made or you have received on that day,or  SMS you have sent.Do you have any copy of the leave application form etc...

Humantarily sick leave is approved, or the company can ask you for an examination by their doctor.

if your supervisor fired you on the same day on phone, this is grossly wrong.

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Did you get any termination letter, if yes what is the reason of termination given in the letter. if no reason is given, you should have asked for the same in writing.

Did you resign on your own.

It appears you did not visit the company office on getting well and met  no one in person e.g HR guy,Supervisor etc to sort out the matter.

If you did not resign, the company might have declared you absconding, and terminated you, without assigning any reason.

If company has terminated you without giving any notice, company should not ask for notice pay.

If you have resigned without giving any notice, company can ask for notice pay claim.

You may reply to the wrong notice pay claim sent by your company by citing facts, and may seek a legal opinion from a local lawyer and if and if and if  ..............your present company HR ,Seniors, legal deppt guys are good............ they may also help you.

The mails you have written on the same day of your telephonic termination order citing facts may help you.

All the best.

Thanks a lot for your reply !!! Please guide me further on my below clarifications

* I had sent two nasty mails to my supervisors and marked cop they of that mails to multiple related parties which also includes HR, Directors & CEO....in this mail I have clearly mentioned that he has terminated me even before hearing my side ...but had not received any reply from them. Further as my supervisor has insulted me multiple times alreday before this incidence in my short 1.5 months tenture I was not in position to even go the office after he terminated me on phone to discuss this matter in person with HR / anyone.

** I have sent a SMS and also called my supervisor to inform about my sick leave and had a copy of that SMS.I have a doctors prescripttion still in my records for that day

*** HR of that company has sent me a letter claiming Notice pay where they have mentioned the termination reason as not coming to office without informing my supervisor...but my question is how I can go the off when I was already being terminated by supervisor...???

**** I had received only one salary from them and even for my 12 days work I had not asked for any salary as I was badly insulted and got depressed and was in no mindset to go and see all those faces even for money....

Still I want to ignore that letter from HR on notice pay...what if I do so ...I dont want any money from that very bad company...

Please advise ...

Your supervisor had insulted you multiple times already before this incidence in your short 1.5 months tenure. Did you ever report it in writing to superiors or HR.?

He might have. And this may be recorded in your personnel file. You can ask them for inspection of your personnel file, but you can not claim it as a matter of right.

Were you counseled by superiors or HR.? Did you get any memo in writing after such counseling?

Your mails were not replied by anyone. Did anyone call you on phone to come for a meeting to enquire about the incidence of termination order by your supervisor on phone? Did any one enquire about this incidence on phone? If someone called you on phone they must have recorded it in their files.

Your company has closed the matter by declaring you absconding from duty, terminating your service, and has completed their side of action by raising the notice pay claim.

The notice pay claim raised by your company for two months is a high amount of Rs.75000.00 approx. It is based on CTC, Basic salary, TFC (Total Fixed Cost)? Check your appointment letter.

This might have been done to deter you from starting a legal action against them.

Your company may proceed further to recover this amount, whenever they feel like.

You remained out of job for 4 months, and this is terribly bad. You can sue them for damages and compensation. A local service lawyer can tell you in detail about this.

During this period of 4 months were you rejected by some of the companies based on your reference check from your Ex Supervisor and company? Prepare a record off all the companies to whom you sent your resume and interviews faced.

You may reply to the notice pay claim, and mention the facts that you were terminated by your reporting authority i.e. your supervisor on phone, on reporting sick and asking for sick leave, and you had reported this terrifying act to the management, but the management did not reply to you and did not ask you to join the duty. You may protest this forced unemployment and may mention that you remained unemployed. You may demand the pending 12 days salary and 2 months notice pay from the company.

Finally you may compile all the record e.g. appointment letter, telephone call record and bills, SMS, emails, and consult a local service lawyer, who may not charge any consultation fee from you, and Let your lawyer help you to take a qualified decision to sue this company and draft a crisp and specific reply for your notice pay claim. You will get clarity by talking to your lawyer.

All the Best.