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Terminated from the job because did not submit resignation letter

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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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 (Lucknow)

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