Greetings, seniors.
I have served this company for more than 10 years and worked at a middle level. Recently, I was terminated by the company for inappropriate reasons, even though I am not responsible, and the complaint was filed by me only.
This incident occurred a year ago, and a formal inquiry was conducted throughout the year. However, my boss and superiors informed me that no action would be taken against me since I was not connected to this issue. Despite this, I have suspicions about my company as they do not always support their employees, which is why experienced individuals do not join this company.
I have suffered greatly as no other company will hire me due to my termination letter. I have reached out to my seniors and HR for assistance in issuing an experience letter, but they are unwilling to help me thus far.
Initially, I had planned to file a case through the labor court. However, my entire family (parents, wife, and children) depends on me as I am the breadwinner.
I completely disagree with this decision as I have been very loyal to the company, and everyone is aware of my character. The person making this decision does not know me or my past records.
I have now secured a very low-paying job compared to my previous company (three times less), but they do not require a relieving letter.
My question is: Can I file a case against my previous employer now, considering that four months have passed? Can I continue working with this new company and still receive benefits from them?
From India
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I have served this company for more than 10 years and worked at a middle level. Recently, I was terminated by the company for inappropriate reasons, even though I am not responsible, and the complaint was filed by me only.
This incident occurred a year ago, and a formal inquiry was conducted throughout the year. However, my boss and superiors informed me that no action would be taken against me since I was not connected to this issue. Despite this, I have suspicions about my company as they do not always support their employees, which is why experienced individuals do not join this company.
I have suffered greatly as no other company will hire me due to my termination letter. I have reached out to my seniors and HR for assistance in issuing an experience letter, but they are unwilling to help me thus far.
Initially, I had planned to file a case through the labor court. However, my entire family (parents, wife, and children) depends on me as I am the breadwinner.
I completely disagree with this decision as I have been very loyal to the company, and everyone is aware of my character. The person making this decision does not know me or my past records.
I have now secured a very low-paying job compared to my previous company (three times less), but they do not require a relieving letter.
My question is: Can I file a case against my previous employer now, considering that four months have passed? Can I continue working with this new company and still receive benefits from them?
From India
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Dear Meesamathavan,
I feel sorry for you. You should approach a good practicing advocate in the labor court with all the papers of your employment and your termination, including the papers pertaining to the charges leveled against you by the company which led to the termination of your services. You need to take the steps as per the advice of the advocate.
I would not like to give legal advice to anybody without seeing the papers and studying the matter. But one thing I wish to mention here is that you may win in the battle, but to win this battle you will have to spend your time, money, and energy. Mental tension may make your routine life miserable. The decision you have to take.
All the Best.
From India, Mumbai
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2584I feel sorry for you. You should approach a good practicing advocate in the labor court with all the papers of your employment and your termination, including the papers pertaining to the charges leveled against you by the company which led to the termination of your services. You need to take the steps as per the advice of the advocate.
I would not like to give legal advice to anybody without seeing the papers and studying the matter. But one thing I wish to mention here is that you may win in the battle, but to win this battle you will have to spend your time, money, and energy. Mental tension may make your routine life miserable. The decision you have to take.
All the Best.
From India, Mumbai
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Dear member,
From your post, I am just slightly confused about the situation.
"Recently I have been terminated by the company for inappropriate reasons, though I am in no way responsible, and the complaint was filed by me only."
You were the one who complained about a certain situation, and you were terminated in relation to that situation. Do you mean to say that they framed you or something like that? I am unsure and really at my wit's end trying to understand how a management can frame a person and terminate someone who lodged a complaint and has done no wrong.
What is the reason for termination stated in the termination letter? Only if you think you should, I believe the whole story would be beneficial so that we can make a better judgment.
"This incident happened a year before, a formal inquiry was conducted throughout the year, but my boss and superiors informed me that no action would be taken against me, as I was not connected to this issue. However, I have suspicions about my company because they do not always favor employees, which is why no experienced people join this company."
Again, since we are unaware of what incident occurred a year back, all I can understand is that a situation happened, you filed a complaint, your superiors made you believe that since you were not involved, there would be no impact on your employment, yet you received a termination letter.
Another thing, somewhere towards the end of the post, you mentioned 4 months. What does the 4 months refer to?
I think the post still lacks clarity and is open to be interpreted in any way one wants. Honestly, people will interpret it in their way and start giving you suggestions that might not suit you as the assumption of the situation could be wrong.
I hope you understand.
From India, Mumbai
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From your post, I am just slightly confused about the situation.
"Recently I have been terminated by the company for inappropriate reasons, though I am in no way responsible, and the complaint was filed by me only."
You were the one who complained about a certain situation, and you were terminated in relation to that situation. Do you mean to say that they framed you or something like that? I am unsure and really at my wit's end trying to understand how a management can frame a person and terminate someone who lodged a complaint and has done no wrong.
What is the reason for termination stated in the termination letter? Only if you think you should, I believe the whole story would be beneficial so that we can make a better judgment.
"This incident happened a year before, a formal inquiry was conducted throughout the year, but my boss and superiors informed me that no action would be taken against me, as I was not connected to this issue. However, I have suspicions about my company because they do not always favor employees, which is why no experienced people join this company."
Again, since we are unaware of what incident occurred a year back, all I can understand is that a situation happened, you filed a complaint, your superiors made you believe that since you were not involved, there would be no impact on your employment, yet you received a termination letter.
Another thing, somewhere towards the end of the post, you mentioned 4 months. What does the 4 months refer to?
I think the post still lacks clarity and is open to be interpreted in any way one wants. Honestly, people will interpret it in their way and start giving you suggestions that might not suit you as the assumption of the situation could be wrong.
I hope you understand.
From India, Mumbai
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Hello Meesamathavan,
While Keshav Korgaonkar has given you very practical and realistic advice, Ankita Shah's response does point out gaps in what you mentioned. While your situation does seem like it can be resolved only legally, you can get more focused suggestions from the members of this forum if you can provide as many details as possible. Please provide complete details without mentioning the company name or other individuals – what matters finally is the problem details, not individuals or entities.
[@Ankita Shah] - I think he means that it's been 4 months since he left this company and joined a smaller one.
Regards,
TS
From India, Hyderabad
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While Keshav Korgaonkar has given you very practical and realistic advice, Ankita Shah's response does point out gaps in what you mentioned. While your situation does seem like it can be resolved only legally, you can get more focused suggestions from the members of this forum if you can provide as many details as possible. Please provide complete details without mentioning the company name or other individuals – what matters finally is the problem details, not individuals or entities.
[@Ankita Shah] - I think he means that it's been 4 months since he left this company and joined a smaller one.
Regards,
TS
From India, Hyderabad
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This issue was raised by me to my seniors, but there was no action taken by them. Later, when our audit department came to our branch, I informed them about this issue. However, they issued me a charge sheet along with my other colleagues after a year, and asked me to leave after 18 months from the time this issue was raised.
Now, four months have passed, and I am without a good or equivalent job. I am currently working in a small company with a low salary. Is it possible for me to fight against this situation?
From India
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Now, four months have passed, and I am without a good or equivalent job. I am currently working in a small company with a low salary. Is it possible for me to fight against this situation?
From India
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf