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Q. Unfair Employment Termination

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Anonymous

posted 1 year ago

Q.Unfair Employment Termination
HI Sir,

I recently resigned from a company as i got an offer from another one where i was suppose to join on 11 March. On my first day in the new company i was told that my education document are yet to be verified and hence my joining will be deferred by 1 week. They kept saying this for few weeks and after some time told me that one of my previous employer has given a negative feedback and hence they cannot hire me. i have a clean exit from all my employers and this new company is not ready to give it to me in writing. As per their offer letter the background check was to happen in 3 weeks and they took 3 months for that, had i been informed earlier i would still have my old job. Today i am jobless, they are not giving me anything in writing and when i asked for compensation because of the delay from their end they have sent me with a cease and decisit notice. Please advise.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) You may approach labour Commissioner

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Deepak Yashwantrao Bade

Experience: 10 Year(s)

Responded 1 year ago

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A. ) Dear client kindly verify and overview your documents and offer latter from advocate.after review your terms and conditions there will be chance in your favour.

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Things you should do before initiating anything.

1. Check the terms and conditions of the offer letter.
2. Check the terms and conditions of the termination.
3. Get all documents reviewed by a good lawyer.
4. Look into the cease and decisit notice as to what is written there.

If everything is in your favor and you have the offer letter and joining letter which asks you to join the company from a particular date then it is in all probabilities implied that all the background verification has been done and there is nothing left to be verified. All criminal checks have been done away with and it is only then that the company has asked you to join them.
On the other hand they should give you your termination in writing with proper cause which they have not.
You can definitely do the following things.

1. Send the company a legal notice asking them to give back your job and if not that then give you a written termination listing the cause of such termination.
2. If n case they fail to comply then you can file a suit for specific relief under the specific relief act, 1963.
Thanks
Shreyash Mohta.

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Abhimanyu Shandilya

Experience: 15 Year(s)

Responded 1 year ago

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A. ) Get your offer letter reviewed by a lawyer to assess the terms and conditions of the employment. You may, depending on the offer letter, file a case under Specific Relief Act, 1963.

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