Termination - I have worked as an advisor for 6 months
10 months ago
I have worked as an advisor for 6 months and recently was asked to resign for poor performance. However they didn't tell me what I did wrong or gave me any warning letter before asking me to do so. I refused to resign as I felt it wasn't fair as I worked really hard to be good at my job. I was told that i will be terminated to which I agreed but now they say that they will terminate me because I moved the company system without informing. I had informed my team leader and even sent him the agreement to submit but he didn't do it I even sent him a confirmation email that I sent it. I moved only when my team leader told me to and now they have not sent me the termination letter and are asking me to submit the system without me accepting it. Please advise
A.Dear Client,
In case in your contract of employment, a term is stipulated stating that you have to quit your employment if your appraisal of performance reports shows poor and deficiency in performance and your employment stands terminated without any prior notice or information, then the Company is not obliged to consider your any appeal for restoration of your status quo , i.e, back in employment. So go through the terms of the offer letter that governs the relationship between an employee and his employer and revert back to us for a suitable response to your cause. Until and unless a cause of action, like termination from service or forceful resignation from service, appropriate legal steps should not be taken against the over alleged victimization and unfair labour practice before the concerned authorities/Court.
In case in your contract of employment, a term is stipulated stating that you have to quit your employment if your appraisal of performance reports shows poor and deficiency in performance and your employment stands terminated without any prior notice or information, then the Company is not obliged to consider your any appeal for restoration of your status quo , i.e, back in employment. So go through the terms of the offer letter that governs the relationship between an employee and his employer and revert back to us for a suitable response to your cause. Until and unless a cause of action, like termination from service or forceful resignation from service, appropriate legal steps should not be taken against the over alleged victimization and unfair labour practice before the concerned authorities/Court.
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A.Hello,
If you believe you have been asked to resign without any legitimate reason, you may consider taking the following steps:
Review your employment contract: Check your employment contract to understand the terms and conditions that govern your employment. Look for any provisions related to termination, notice periods, or disciplinary actions.
Document the situation: Maintain a record of any communication or incidents related to the request for resignation. Keep copies of emails, messages, or any other relevant evidence that can support your claim.
Seek legal advice: Consult with an employment lawyer who specializes in labor laws in India. They can provide you with guidance based on the specific facts of your case and advise you on the best course of action.
Negotiation or mediation: In some cases, it may be possible to resolve the issue through negotiation or mediation. Your lawyer can represent you during discussions with the company or engage in alternative dispute resolution methods to find a resolution.
File a complaint with labor authorities: If negotiations fail, you may choose to file a complaint with the appropriate labor authorities in your state or region. These authorities may investigate the matter and take appropriate action, such as ordering reinstatement or providing compensation.
Initiate legal proceedings: If other options have been exhausted and you beliieve you have a strong case, you can initiate legal proceedings by filing a lawsuit against the company. Your lawyer will guide you through the process and represent you in court.
If you believe you have been asked to resign without any legitimate reason, you may consider taking the following steps:
Review your employment contract: Check your employment contract to understand the terms and conditions that govern your employment. Look for any provisions related to termination, notice periods, or disciplinary actions.
Document the situation: Maintain a record of any communication or incidents related to the request for resignation. Keep copies of emails, messages, or any other relevant evidence that can support your claim.
Seek legal advice: Consult with an employment lawyer who specializes in labor laws in India. They can provide you with guidance based on the specific facts of your case and advise you on the best course of action.
Negotiation or mediation: In some cases, it may be possible to resolve the issue through negotiation or mediation. Your lawyer can represent you during discussions with the company or engage in alternative dispute resolution methods to find a resolution.
File a complaint with labor authorities: If negotiations fail, you may choose to file a complaint with the appropriate labor authorities in your state or region. These authorities may investigate the matter and take appropriate action, such as ordering reinstatement or providing compensation.
Initiate legal proceedings: If other options have been exhausted and you beliieve you have a strong case, you can initiate legal proceedings by filing a lawsuit against the company. Your lawyer will guide you through the process and represent you in court.
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