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Raghav Sarkar (service)     04 August 2016

Wrongful termination

I just completed my engineering in june 16. A coaching institute came for the campus placement in our college and selected me for the post of the faculty of Chemistry. They gave me an offer letter clearly stating my post to be Faculty Chemistry. But when i joined, they forced me to take maths and other subject classes and only on many requests gave me one Chemistry class but still forced me to continue with the maths classes as well. Now when i refused to continue with other subject classes, they terminated my job. 

Also our college had rule that if you get selected by a company then you are not liable to sit for any other placement. Now since I was seleccted by this institute, i was not allowed to sit for other companies. Now this unjustful termination has left me unemployed.

Can the institute be booked for wrongful termination and breach of contract? The problem is that they have not given me appointment letter. The only proofs i have are the offer letter and the bank account for recieving salary.

What's the advice of experts on this?



Learning

 24 Replies

Kumar Doab (FIN)     04 August 2016

You have posted that:

 

'The only proofs i have are the offer letter and the bank account for recieving salary.'

it should suffice. Request the appointing authority to supply salary slips and attendance  record.

 

 

They gave me an offer letter clearly stating my post to be Faculty Chemistry. But when i joined, they forced me to take maths and other subject classes and only on many requests gave me one Chemistry class but still forced me to continue with the maths classes as well. Now when i refused to continue with other subject classes, they terminated my job. '

 

Do you have evidence?

Is there any communication on record that communicates that you have to teach other subjects also?

 

'Also our college had rule that if you get selected by a company then you are not liable to sit for any other placement.'

 

Explain the facts and request to allow you.

 

'Can the institute be booked for wrongful termination and breach of contract?'

If the facts determine then yes.

 

Try to find out the Univ that has provided affilliation to college and downlaod servic rules advocated by it and relate for violations.

 

Approach a very able counsel specializing in service matters for a considerd opinion.

 

If you are young and qualified prepare for compettitive exams and get placed with some esteemed organisation. Don't waste your youth with such unscruplous employers. 

 

 

Sudhir Kumar, Advocate (Advocate)     06 August 2016

repeated query after insulting the employer on

 

https://www.lawyersclubindia.com/experts/Wrongful-termination-610666.asp

Kumar Doab (FIN)     06 August 2016

Did not notice other thread.


You have been thoroughly advised in all threads.

Raghav Sarkar (service)     06 August 2016

Mr. Sudhir, this is not a repetition after discussion(which you call insult). Look at the time of posting. It says 2 days ago.It is posted even before the discussion started in the other thread.In fact first i started this thread and then realised that it would be proper to post this as a query rather than topic of discussion. But anyway a discussion is also good and it opens the scope as well so i decided to keep it as well. SO don't spread rumors.

Raghav Sarkar (service)     06 August 2016

Mr. Kumar deob. Yes i can  even get the appointment letter as they don't know yet that i m going for lawful action.

And yes there's evidence for that. All the attendance recoed and the schedule mails which clearly mentions those subjects with topic and date. NOw college cannot allow me to sit again as i have already passed out. Only those who will start with their fianal year this year,means my juniors, can sit in it. So basucally they have played with my career. I can also voice this as one of the point against them.

And sir u said ''Try to find out the Univ that has provided affilliation to college and downlaod servic rules advocated by it and relate for violations'' . Well sir this is not a college but a known private coaching institute for competitive examination. The director of this center has taken franchise of that known institute.

''If you are young and qualified prepare for compettitive exams and get placed with some esteemed organisation. Don't waste your youth with such unscruplous employers'' .Yes definitely sir i will preapare for it. But i cannot let this institute paly with careers of young pass outs like me. I wil definitely like to teach a lesson to them. They will also go to my college this year but i will explain my case to the Training and Placement head of our college and will tell to blacklist this institute and not allow them to come to our college. I will even inform other colleges where they usually go for recruitments.

Kumar Doab (FIN)     07 August 2016

Involve student unions and groups, communities.

Students do need to be made fully aware about the complex web and traps that can happen.

You want to expose.

 

Download the evidence and share.

Inform the MD of the Instt that has entered into franchise agreement.

 

The employer (your employer) must have registered under Shops & Estbs Act, and you might be covered as 'Employee' in the Act.......................

A very able counsel can opine on Torts and Damages.

 

 

 

Sudhir Kumar, Advocate (Advocate)     09 August 2016

I do not think any union exists in student of coaching institutes.

Sudhir Kumar, Advocate (Advocate)     09 August 2016

"They will also go to my college this year but i will explain my case to the Training and Placement head of our college and will tell to blacklist this institute and not allow them to come to our college. I will even inform other colleges where they usually go for recruitments."

 

DO YOU REALLY THINK THAT THESE COLLEGES WILL LISTEN TO YOU.

DO YOU REALLY THINK THAT THESE COLLEGES WILL REDUCE THEIR "campus placement" TRADE (racket).

 

They are extracting huge amount of fee from parents by promising the parents that there will be "campus placement"  They are using part of this money to ensure that this happens.  Are the going to be gandhain the day you tell them that 2+2 is not always 4.

Donot you think that you will be giving a ground to the institute to file civil suit and criminal case of defamation against you. 

DO YOU REALLY THINK THAT your junior students of the college may not be aspiring for this "campus placement"  and will elt to close their career.

Sudhir Kumar, Advocate (Advocate)     09 August 2016

 

You seems to have not appreciated the views of Mr Kumar Doab ''If you are young and qualified prepare for compettitive exams and get placed with some esteemed organisation. Don't waste your youth with such unscrupulous employers''

 

You seem not to realise that

  1. B tech is a bumper crop now in India. Every mediocre student wan to have this degree.
  2. some boys want this degree just for higher dowry.
  3. there are thousands of colleges in rural side selling Btech and millions of institutes giving coaching to join them.
  4. all these colleges and institutes cannot have learned faculty as the crop is of  Btech degree but not of engineers.  So incompetent boys get chance to teach.
  5. institutes ensure joining and colleges ensure "campus placement" and charge heavily from parents
  6. a domesticated elephant is needed to catch wild elephant.  so you were needed as a sign board to inspire the students as to if he can be B Tech  why cannot be me.
  7. those who are really engineers they do not fall for such "campus placement" and are able to find a way for them. They are even able to join Govt after competitive examination by UPSC/SPSC or join MNCs/PSUs.

THE TRUTH THOUGH IT MAY HURT YOU

  1. A large number of such B tech joining  non-technical jobs. There is increasing number of Btech technocrats joining govt offices as clerk/peon (now called MTS).
  2. Present duties of MTS in govt office include everything which is not a  table job (including water plants, cutting grass, dusting,  sweeping and booming, throwing dead rats etc) In case they join such offices of technical nature they may find that a diploma holder JE is his boss.  It is he who will certify him to be suitable to clear probation.
  3. showing higher qualification to avoid menial job can render such person jobless again.
  4. If they join a quasi-judicial organisation then they cannot avoid wearing peons uniform (not revised till independence)

In case you have any doubt you can use RTI and get information from Staff Selection Commission as to how many B Techs/MBA/BCA/MCA/Graduate/PG/LLB boys and girls have been recommended to the post of MTS or clerk in last 5 years

 

You seem to be interested in avoiding even this much luck.

 

Kumar Doab (FIN)     09 August 2016

There are student unions in colleges, Universities and various foums.

Today students are net savvy and active on social media.

If you want to create a noise and even awareness.

You can.

You seem to have some record.

You may show it to your able counsel for a considered opinion.

 

 

Sudhir Kumar, Advocate (Advocate)     09 August 2016

dear querist,

please clarify

if there was students union where youstutiued

if there was students union where youtaught.

Raghav Sarkar (service)     09 August 2016

Mr. Sudhir Kumar Sir, 

U said,

''DO YOU REALLY THINK THAT THESE COLLEGES WILL LISTEN TO YOU. DO YOU REALLY THINK THAT THESE COLLEGES WILL REDUCE THEIR "campus placement" TRADE (racket).They are extracting huge amount of fee from parents by promising the parents that there will be "campus placement"  They are using part of this money to ensure that this happens''.

I think u have misunderstood me as an engineering student of some private college. Let me tell u the secret that my college was not a private institute but a NIT. And that too the one of the top NITs of India which is located in south India. So there is no question of extracting money by promising parents.Its fees is fixed and is decided by MHRD.

Now the question is that will the head of Training and Placement department will listen to me? Well he has done such things in the past. He doesn't care about quantity of placement rather quality.You will be surprised to know that he doesn't allow TCS and Infosys and Wipro to come to our college because they do mass placement. He say if i allow these companies then i can make you all placed in one hour. But i want quality not quantity. And in the past some companies came for recruitment and took the interview and selected some but then didn't contacted those students later on. So he has blacklisted those companies. And also if there's a breach of contract as in my case then also he blacklists the companies.

Raghav Sarkar (service)     09 August 2016

Mr. Kumar Doab Sir,

 Yes there is union in the college called as SAC(student affair council) whose leader are choosen from students by proper competitive voting. And they can raise such issues.

Sudhir Kumar, Advocate (Advocate)     10 August 2016

Go ahead.

 

You can seek a career later on. (may be as Engineer/Social activist/Labour leader).

 

You can in the mean while do a diploma in labour laws.

It will help you in your struggle.
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