Wrongful termination!

Firm up your next venture ASAP.

am posting this reply just in order to help you.

On the face of it your cause does not seem to be fit.

However a Labor Law Consultant/service Matters Lawyer/law firm that has examined each document, communication verbatim and your inputs in person can advise you the best. Therefore you should preferably proceed further under the expert advice of an able counsel.

1.       It is bounded duty of the bosses to conduct appraisal well in time with employee under probation in a upfront and transparent manner (provide copies of the criteria for appraisal, appraisal matrix, scores and copy of appraisal sheet with all columns filled up and signed by both employer’s representative and employee) and communicate the decision subsequent to appraisal.

2.       You have probably not received any criteria for appraisal, communication for date of appraisal, and no appraisal was conducted on paper. The feedback of the Boss was verbal. But you have probably not replied in writing that on dated………………….since you did not receive any communication pertaining to appraisal …………………approached your reporting authority………..and it was communicated to you in office in person that your performance is good and your service shall be confirmed from ….dated …………….next day from end of probation period.

3.       Probably your Director has not appraised you. However he has signed the letter to extend the probation period. The question arises if he has not appraised you then whose feedback he/she has accounted to decided to extend the probation period.

4.       Did you receive any stinkers, notice, show cause notice, memo casting any shadow on your performance? If yes did you reply on record under proper acknowledgment? If you replied was your explanation accepted or rejected in writing. Did the company provide any training/coaching/hold the hand support to improve your performance?

5.       As far company is concerned it did issue a communication to extend your probation period. Although you had marked ‘Received’ you should have replied to it as well.

6.       Was any reason for extension of probation in specific or why your performance was not found suitable/on what counts……………stated in writing? Negative feedback casting aspersions on one’s performance should ideally be shred in writing and in detail………………..within reasonable time.

7.       Were you ever charged with any misconduct?

8.       You have posted that “Now again 10/03/2015 director said that they do not require my services and termination letter came to me.” What was stated in Termination Order? Was any reason stated in termination Order? If it was drafted so as to look like ‘Termination Simplicitor’ then you could have stated the minutes of meeting with Director during which it was stated that  “they do not require my services” and claimed lay off/redundancy……..etc…………….

9.       You have posted that you joined as a Manager. How many person were reporting to you? Did you have any power to recruit/appoint,terminate,sanction leave, sanction increment etc? Or it was just a decorated designation without any managerial function?

10.    How many people were employed in the company? Did it have its CO (certified Standing Orders)? Was your designation covered in CO? Let your lawyer opine if you should claim from Model Standing Orders or not!

11.    Assuming that you are covered by the def. of ‘Employee’ as in Bombay shops and Commercial Establishments Act……………….you may check Sec;35,38-B,49,51,55,66……….The employer was bound to issue 14 days notice to you since you have worked for more than 3 months………………..

12.    Has the employer issued any FnF statement? Demand it tactfully and get it even if by email. Your lawyer may opine that you may not demand it in writing. Check if company has added 14 days notice pay, leave encashment, bonus, unpaid wages in it? Thereafter let your lawyer advice you further course of action.

13. Are you a member of any Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc/ You should be. Trade Unions in Maharashtra have traditionally been strong. YOur lawyer may opine that PULP/MRTP/PAMS may be attracted in your case.

Sir, Please find my replies for your queries:-

1) I was just invited for appraisal meeting, there was not paper, just he asked 'How r u?' I started showing all the work done for the company since I joined, he said, 'no need everything is all right'. I purposely asked, how do you feel about me ' he said ' he is satisfied with my work'. No paper was involved...

2) I was reporting to MD only, he himself fixed date for appraisal that was in close cabin one to one meeting. There was no communication in writing from his side or not mentioned in my appointment letter 'Your 3 months probation will be confirmed on the completion of 3 month period.'

3)MD himself decided without any proof or reason, it was stated that 'company wish to extend my probation as till now my work was not satisfactory' that letter came dtd. 11/02/2015 although my last date of probation was 10/02/2015.

4) I did not get any showcasue notice or even verbal any sort of advice regarding my performance. Although I have given 4 times more than what company was supposed to pay me for 4 months, suppose my salary was 1 lacs/month, for 4 months 4 lacs, but I have given business to my company more than 16 lacs that also net.

5)Company gave me extension letter on 11/02/2015 although my probation finished 10/02/2015 as completed 3 months (joining date 11/11/2014). I put remarks on that letter 'Received'  as letter was signed by MD himself, I thought why to cross question him, i would spoil my relation with him.

6)I have been expert for GCC market with more than 10 yrs experience in Gulf countries in Business development/Marketing at senior level and wished to settle down in India...but I was feeling that company would take advantage of my contacts in future showing me ways...something might have clicked as I was on the higher salary people working with the company at senior level might have advised that He has worked very hard and now computer system has already data base of more than 1000 companies so other low salaried existing staff can take up the issue.

7) I was never charged with misconduct, there was no one who could dare to put such charge against me except MD, I am General manager-Business Development/International market.

8)termination letter is of 6-7 lines, with heading 'termination of your employment in probation Period'. I said to them if they want to terminate me they can do that but as confirmed emeployee so that I could get my full & final settlement ' No. of days worked + 30 days notice/paynment + accrued leave... I do not mind termination but as confirmed employee not as probationer.

9)Yes I have joined as 'General Manager-Business development/International Market' no one report to me but I need to co-ordinate with al most all the department to process the business once order gets confirmed then for operation I hand over that business to other people and keep an eye one the process. No one reports to mee directly, so can be considered as Decorative Manager.

10) It is management consultancy & more than 40 people are directly on the pay roll of this company although it has sister concern which deals with staffing with more than 500 employees on the pay roll.

11) yes it is covered.

12) I asked the company to send F&F statement but they said ' Do u agree that you were on probation ? If so then we will calculate your total and forward to you, I replied that first I would like to see that. after 2 hrs I wrote in email that U can terminate my service as confirmed employee not as probation. They want to eat up my money, I am not interested to work with them any more but want my all the money.

13) No I am not member of any trade union.

(A) You have affirmed at point No.11 in your last post that you are covered. If you are covered then you are protected by the Act.

(B) You have posted two different statements from appointment letter::::"you will normally confirmed if found suitable on the completion of probation period’ 

and 

"Your 3 months probation will be confirmed on the completion of 3 month period."

The latter implies that after completion of 3 months the service stands confirmed.

The former implies if found suitable.

If former is the statement as in appointment letter then you were not found suitable and hence probation period was extended.

However you have stated that no communication on not being found suitable was issued to you and in one to one meeting you were declared suitable.............and you have outstanding performance record with you.

(C) You have posted that:

"In offer letter it was mentioned that my probation period will be of 3 months from the date of joining the company, in probation period either party giving notice to discontinue service in 24 hrs can be considered as termination of service."

Usually once appointment letter is signed as accepted it shall prevail upon offer letter..................

If there was any mismatch between T&C firmed up vide offer letter with appointment letter ( as cited above by you ) then you should have declined to accept in writing..............

You may avoid writing statements like "you can terminate if........................ "

You should visit your lawyer in person with copies of all docs on record!