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kunal shinde (Store Manager)     22 May 2012

Wrong trmination

 

Dear Sir/Madam,

I was working for an apparel company in Pune from past 5 year, but I have been forcefully terminated from my job with wrong allegation. According to me it was pre planning of my Regional manager and area manager with my staff who was working with me in my store. At the time I was trying to keep myself calm but it proof to be my guilt and forced me to be away from my store. I would like to discuss more in brief. Please suggest as I have my family who is totally dependent on me. With this wrong allegation I am not getting a job in market. I want to recover my salary, gratuity & pf with full settlement and the lost of my pay for last one year.

Thanks & Regards                           

Kunal s 

 



 4 Replies

Anjuru Chandra Sekhar (Advocate )     22 May 2012

No employer can remove you by levelling mere allegations, without conducting an inquiry and giving reasonable opportunity to defend yourself.  It amounts to violation of principles of natural justice. Write further details.

Kumar Doab (FIN)     22 May 2012

Has the company terminated by issuing termination order and if yes what is reason of termination expressed in the order? Has the company issued any communications even if by email prior to date of termination order e.g. stinkers, or any show cause notice?

or

Has the company extracted notice of resignation/resignation with immediate effect letter by exerting pressure? If you have signed resignation with immediate effect company shall deduct notice pay in FNF statement.

Have you signed any letter accepting the charges leveled by company?

Kindly provide all details and elaborate what you mean by "lost of my pay for last one year".

Have you not been paid wages for last one year or company ha recovered some amount equivalent to one year wages from you?

If you have decided to join another employer you can withdraw or transfer PF. If company has not leveled any charges of having caused loss and has not issued show cause notice for forfeiture of gratuity you may apply for payment of gratuity in form I to Controlling authority which my be DLC in your area. Company on its own should supply payment of gratuity within one month.

If the forced termination as mentioned by you is by forced resignation and it is just yesterday you can withdraw the resignation.

kunal shinde (Store Manager)     23 May 2012

Dear sir,

Termination letter has not been given to me neither I have resigned fom my post. The reason for terminating me is that they say I have miss used the store cash for personal use.

 I have given my initial on the audit report. 

I was asked to leave the store on 19th feb-2011 and today being passed one year I want to recover the loss of my payement and job. 
I ahve not given a single penny to the company, If I have not done any thing Then why should I pay. 

I had asked for my pf but the REgional manager is demanding for the settelment money.

I have not resigned and I would still like to work in the same company in future.

Regards

Kunal

Kumar Doab (FIN)     27 May 2012

Do you have the copy of audit report on which you have affixed your initials?

You have posted that you have been terminated and termination letter is not supplied to you. You mean that verbal termination order was pronounced and verbally a charge of misappropriation of company cash was leveled.

Did the company issue any show cause notice, notice etc or summoned you to office?

Company might have issued a notice, termination order and might have handed over copy to your reporting authority and might have inserted a copy in your personnel file.

Did you exchange any communication with company during one year? You should not have remained silent.

It shall be appropriate to approach a competent and experienced service lawyer with all records you have got and give inputs in person. You may in consultation with your lawyer submit a carefully structured representation in writing under acknowledgment to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR and raise your queries. Let the company reply whatever they want. After that let your lawyer take over.


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