compensation - how to get compensation - how to get

9 months ago

how to get a compensation from employer for firing

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
In the absence of reason/ground behind the firing by an employer from employment, it is difficult to suggest the ways or remedies for claiming compensation. From the insufficient details of the query, it is not clear whether you are terminated, retrenched, dismissed or laid off by your employer. Both complaint and Compensation vary on the nature and grounds behind the firing. However, whatever the ground for firing, you need to file a complaint against your employer for victimization and unfair labour practice before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming the entire unpaid dues from the employer. In case you need any legal assistance in the matter you may contact our legal team along with the relevant papers/information.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,

Understand your rights: Familiarize yourself with the employment laws in your jurisdiction, including laws related to termination and compensation. Review your employment contract, any relevant company policies, and local labor laws to understand your rights and entitlements.

Consult with a lawyer: It is advisable to consult with an employment lawyer who specializes in labor law. They can assess the specific details of your case, advise you on the strength of your claim, and guide you through the legal process.

Gather evidence: Collect any evidence that supports your claim, such as employment contracts, performance evaluations, emails, or any other relevant documentation. This evidence can help establish a case for wrongful termination or a breach of employment contract.

Document the circumstances: Make a record of the events leading up to your termination, including any inappropriate behavior, unfair treatment, or violation of employment laws or policies. Include dates, times, and details of relevant incidents.

Review company policies: Review your employer's policies regarding termination and any dispute resolution processes they have in place. Follow the prescribed procedures, including filing a formal complaint or appeal if necessary.

Negotiate with your employer: Consider engaging in a negotiation process with your employer to seek compensation for being fired. This may involve discussing the reasons for termination, the impact on your career, and potential compensation options.

File a legal claim: If negotiations fail or if you believe you have a strong legal case, you may choose to file a legal claim against your employer for wrongful termination or breach of contract. Your lawyer can guide you through the process and represent you in any legal proceedings.
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