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What to do against Wrongful Termination of Employment?

Getting fired from the job can happen even when it's not your fault. You're wrongfully terminated when you get fired without sufficient cause, the employer is downsizing or due to a personal conflict. Read on to find out how to seek justice in these cases.
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Around 1200 employees of Verizon Data Services India were laid off in different cities like Bangalore, Hyderabad and Chennai. Some employers have alleged that the HR representative was accompanied by bouncers and goons that forced employees to sign their resignations. Verizon has now come under the scanner of Labour Commission for violating labour laws in India. 

This is not an isolated case of illegal termination of employment by a large company. There have been previous instances of companies taking the path of mass layoffs due to various reasons. Companies like Snapdeal, Infosys, Tech Mahindra, Wipro and HCL are a few names among many companies that have come under the scrutiny of labour authorities for mass termination of employment.

 

Getting fired from the job can happen even when it’s not your fault. You’re wrongfully terminated when you get fired without sufficient cause, the employer is downsizing or due to a personal conflict. Wrongful termination is one of the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination but are completely unaware of the correct legal course against it. Before considering taking an action against the employer, you need to establish whether the termination was wrongful or not.

For more adept legal help or information about the legal remedies against wrongful termination, connect to us for an expert legal consultation.

What are the Different Types of Wrongful Termination?

Termination of employment is one of the most unpleasant and unwanted procedures. However, the termination must be conducted in the most ethical and legal manner possible. If a termination is performed in any of the following forms, it is considered as wrongful termination of employment in India:

  • Discrimination: If you are being fired because of your age, race, sex, nationality, or such discriminatory grounds, it is a type of wrongful termination. For instance, an employer cannot discriminate and terminate an employee if he/she has HIV. Any employer who terminates an employee on any such grounds would be guilty of wrongful termination.

  • Breach of Contract: If you have signed an employment agreement, you and your employer need to abide by the terms of that agreement. If the employer breaches any of these terms, it is a type of wrongful termination. Any term that is done through constructive dismissal i.e. by creating a situation in which the employee himself/herself resigns, is a type of wrongful termination of employment.

  • Other factors: If you’ve been fired for a workplace dispute, personal grudge, refusal to act on illicit orders of the employee, etc., it is also a type of wrongful termination. An employer cannot fire you due to a personal discord between you and your employer.

What are the Laws against Wrongful Termination?

There are several labour laws in India against wrongful termination of employment. If the wrongful termination is done on the basis of discrimination due to age, gender, race, caste, etc., it is a violation of fundamental rights of a person given under the Indian Constitution. 

If the wrongful termination of employment is done in violation of any provisions of labour laws, the Industrial Disputes Act, 1947(1), the Workmen's Compensation Act, 1923(2) and State Shops and Establishments Acts(3) come into play. The labour laws in India primarily deal with wrongful termination of employment of labour class in India. However, within the meaning of ‘workman’, even the managerial sector comes within the application of labour laws in India.

Can a Company be sued for Wrongful Termination?

Once you have established the reason for wrongful termination, you can choose the correct legal remedy against your company. Here’s a guide on what you can do against illegal termination of employment:

Write a formal complaint or grievance letter for wrongful termination, with the Human Resource (HR) Department of your company. Give them time to evaluate the case and come up with a proper answer. Usually, the HR is able to resolve your dispute with the employer and halt your termination. 

If the answers given by the HR department are unsatisfactory, hire a labour lawyer and send a legal notice to the employer detailing the case and seeking end-to-end damages. These damages include:

  • Back Pay

  • Lost Benefits

  • Out-of-pocket losses

  • Injunctive Relief

  • Punitive Damages

  • Severance Package

  • Retrenchment Compensation

  • Health Insurance

  • Provident Fund

In case of violation of a contractual agreement, you can file a lawsuit against the employer for wrongful termination in the Labour Court. The court can order the employer to restore you at your job and pay damages for wrongfully terminating you.

For more queries or confusion regarding the legal remedies against wrongful termination, ask for expert legal advice from us now!

Indian employment laws are complicated and an employer who knows the loopholes can escape his liability for wrongfully terminating your employment. It is always suggested to consult an employment and labour lawyer in India to sue an employer for wrongful termination, understand your legal rights, have a strong case against the employer and make an informed decision about how to proceed with the case. MyAdvo connects you with the best labour lawyers in India. Email us at info@myadvo.in or call us at +91-9811782573.

 

External Links-

1. Industrial Disputes Act, 1947 - A sitemap to the Industrial Disputes Act, 1947

2. The Workmen's Compensation Act, 1923 - A detailed view of the Workmen's Compensation Act, 1923

3. State Shops and Establishments Act - A sitemap to the State Shops and Establishments Act

Reviewed by:
Shivi Gupta
Published on 19th Aug, 2019
13,410 views

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