Home | Legal Advice | Civil Law Cases | Terminated from the job because did not submit resignation letter

Terminated from the job because did not submit resignation letter

Shivendra Pratap Singh

Advocate

24/05/2019/ 2:02:15 PM

Reading Time:

I worked for an MNC company as a Manager. Despite my good performances, my corrupt seniors 1st put me on the bench (no work) for an extended period as I refused to join their evil plans, denied me an assignment and then I was terminated as I refused to submit resignation/separation letter.

I have a number of proofs of my work appreciation, requesting for assignment etc. My seniors and other senior leaders, it has come to my knowledge through ex-colleagues and social media, were caught by the company for massive fraud/corruption and have since been released by the company but no criminal action initiated against them.

I am 48 yrs and owing to very bad termination, no one in the IT industry is employing me. For sure, I will be now jobless forever. I would like to file law-suit including for job loss for rest of life, wrongful termination, a number of lies made by ex-employer (proofs), wrong treatment, stigma, mental agony and sufferings.

I worked in Bengaluru  (company office) but I am a native of Haryana. as I am jobless for 1-1/2 yrs and zero hope of finding another job, I have no other option but to return to my native place, so can I file law-suit in Haryana?

I would like to file compensation worth Rs 1 crore. What fees do I have to deposit in advance in Bengaluru or Gurgaon?

Question from: Karnataka

You have terminated because you did not submit the resignation letter. It is indeed an illegal ground of termination. Your senior officer should have followed the principle of natural justice while terminating you from the post. You have the right to hear (defend yourself) at the time of termination from the job. Your senior officer did not give you a chance to explain your stand regarding termination. It is squarely a breach of the principle of natural justice.

You may challenge the resignation by filing a civil suit. A work agreement is a contract. In the case of breach of contract, the guilty party is liable to compensate the victim party. You are a victim or sufferer of the contract. Therefore, you have the right to claim compensation and reinstatement in the company. You have to prove that termination order is illegal, arbitrary and against the principle of law.

The employer has no right to terminate the employee on any ground. He has to prove the guilt of the employee or breach of any clause of work agreement. You have the right to receive a notice regarding the violation of work agreement along with adequate time to file its reply. If the employer deliberately unfollowed the procedure, then you have the right to challenge the termination order before the court of law.

You can seek remedies like reinstatement at the same post with consequential benefits, compensation for the loss you incurred from termination, any other loss, i.e. damage of honour, professional integrity or defamation.

You can file a lawsuit at Bangaluru because the cause of action arose in Bangaluru. If you have signed the work agreement at your native place, then you can submit the case here.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Can the tehsildar issue a succession certificate?

Question: Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?...

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54