Urgent Help Needed: How Should My Friend Handle This Unfair Termination Situation?

Urgent Advice Needed on Termination Situation

My friend has recently been terminated from her company. One month ago, they asked her to resign on her own, citing cost-cutting as the reason. The very next day, they told her not to resign. Now, one month later, they have again asked her to resign. However, when she requested her confirmation letter upon resignation, so that it could be used for future references, she was told that she isn't confirmed. She explained that HR had verbally told her she was confirmed, but they disagreed.

Furthermore, when she insisted that she was a confirmed employee and asked for a reason for her forced resignation, they have now told her that they are terminating her and instructed her not to come to the office the next day.

The termination letter now claims that she was inadequate in her role and had been given reminders, which is completely false. To date, no written or verbal communication has been made about her work, and she has been handling the work of seniors despite being a fresher. Also, they have been approving leave just like a confirmed employee.

What should her course of action be? Please advise urgently.

Regards

Information Required for Assessment

The information provided is inadequate. Please confirm the following about your friend:

a) Date of Joining: -
b) Last working day: -
c) Her designation: -
d) Number of juniors reporting to her: -
e) Nature of the industry in which she works:

This information is required to assess whether the provisions of the Industrial Disputes Act, 1947, apply to her. In addition to this, please confirm how her relations were with her manager, whether the company is in financial difficulties, or whether it was used as a ploy.

Thanks,
Dinesh Divekar

Gillian, I suggest you check your country's labor act and what it says about unfair termination. Then also study your organization's policy on termination. Compare that and make your case. Also, were you given a letter the first time you were told to resign, and what contract do you have with your organization.

Employment Details and Concerns

a) Date of Joining: 21st Sept 2015
b) Last Working Day: 7th Oct 2016
c) Her Designation: Copywriter (Junior Fresher)
d) Number of Juniors Reported to Her: None (but she was asked to coordinate on various high-profile projects like photo shoots. She even published a book for them.)
e) Nature of the Industry: Medical Publishing Company

As far as I am aware, her relationship with her ex-manager was superb, and he has also given her an amazing recommendation letter. Her relationship with her colleagues was great. She wasn't really aware if the company is in financial doldrums. She believes it is unjust as just a month before she was told to resign due to cost-cutting.

Response to Juliana Bentil

She wasn't given a letter the first time she was told to resign. Neither was she verbally or non-verbally made aware that her work wasn't up to the mark.

Regards