WRONGFUL

Termination-Legal Notice

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Overview

Illegal termination is one of the most commonly occurring employment disputes in India. Each year, many employees face wrongful termination and are left stranded with no financial support. If you are an employee who has been wrongfully terminated, you have the legal remedy to send a legal notice to your employer.

The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice, one may choose to file a suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on. Send a legal notice as a final communication to your employer to resolve the issue before you file a case against them in a court of law. A legal notice typically prompts the receiver to take immediate action and resolve the issue.

WHAT ARE THE PROCEDURE FOR LEGAL NOTICE FOR WRONGFUL TERMINATION?

The following procedure can be followed while send a legal notice for wrongful termination:

  1. Find and hire a well approved legal attorney/lawyer having experience in dealing with employment issues and matters relating to labor laws.
  2. Get a legal notice prepared through him specifying details of employment terms and duration for which salary was not paid.
  3. Give a second look to the legal notice prepared, to assure accuracy and affirmation of all facts and figures stated.
  4. After all legal attestations and approvals, send the notice to the employer through registered post.

Alternatives available with the Employee to recover the due Salary-

  1. Go for Arbitration and Mediation

  2. Approach the District Labor Commissioner and seek his assistance

  3. File a Civil Law suit for recovery of the Salary

  4. File a Complaint before the District Labor Court under the Industrial Disputes Act, 1947.

  5. Follow the procedure envisaged under the Insolvency and Bankruptcy Code, 2016 ( in cases of a company employer)

REQUIRED DOCUMENTS

  • Employment agreement

  • Job offer letter

  • Termination/resignation letter

  • Past payslips

  • Any written/ recorded communication with the employer regarding the matter

WHAT ARE THE LEGAL CONSIDERATIONS FOR LEGAL NOTICE FOR WRONGFUL TERMINATION?

By initiating the correct and appropriate legal proceedings, an employee who has been wronged can secure his/her job term and can also recover his/her due salary. The main relief an employee can get from the legal remedies is monetary compensation or damages. The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses.

Hindu Personal Laws

The Guardian & Wards Act, 1890 and the Hindu Minority & Guardianship Act, 1956 determine the child custody laws for Hindus in India:

WHY IS LEGAL NOTICE FOR WRONGFUL TERMINATION REQUIRED?

There are legal remedies that an employee can take recourse to, in case he/she has been illegally/unlawfully terminated. It is important to choose the correct legal remedy against your company/employer in order to get justice (and your salary). Given below are simple yet crucial steps that will help you if you have been terminated illegally.

The first step should be to send a legal notice since most cases get resolved in this step itself and you do not need to proceed to Court. One must send a well-drafted and legally sound notice to ensure that you get a prompt response on your notice and you have maximum opportunity to redress your claim.

WHAT SHOULD A LEGAL NOTICE FOR WRONGFUL TERMINATION COVER?

Legal notice is the first step of the legal recourse/court case. A legal notice must consist of the entire story in descriptive terms, signed by a lawyer. Through a legal notice, you must seek end to end damages including back pay, lost benefits, injunctive relief, punitive damages, health insurance provident fund and loss of salary. A specific time period for reply and for the company/employer to compensate you for your loss of job and your salary (including payment of interest for the delay) should be mentioned. It should also be stated that you would file a case in a court if your legal notice is not complied with within the specified time period.

PAYMENT STRUCTURE

You are required to pay 100% of the fee amount upfront

LEGALTAX ASSURANCE

  • Verified Lawyers: All the lawyers are thoroughly vetted with valid Bar Council ID

  • Fixed Quotes: No price-hassles later

  • Dedicated Case Manager: A personally-assigned Case Manager for timely updates of your case proceedings

  • 100% Confidentiality: Your personal details are kept absolutely confidential

FAQ's

A legal notice is usually sent by an advocate on his/her client behalf. Although it is not mandatory for a person to send a legal notice through an advocate, it is advised that it is sent after taking legal assistance and through a lawyer. Once a legal notice is sent, you cannot make any amendments to it and you cannot contradict the statements and information that you have already mentioned in the legal notice. It is very important that your legal notice is drafted elaborately in legal language covering all things that you demand from the opponent. Therefore, it becomes necessary to engage a qualified Advocate to draft the legal notice.

If the employer does not respond to the legal notice, you can proceed to file a case against the employer for the relief you have sought in the legal notice.

In case you wish to file a case against your employer, you can avail our service. We will help you connect with an expert employment lawyer, who will file your case.

Generally, sending a legal notice settles many disputes. In most cases, it is found that a legal notice has prompted the partner/ spouse to take immediate action within the time limit provided, without the necessity to take the matter to the court. Legal notices have played a very important role here. It all depends on how the notice is drafted – the focus is on resolving the issue at hand and not to create tension.

You can get the following reliefs: Payment of outstanding salary Interest on the outstanding salary Compensation in lieu of notice period Compensation for breach of employment agreement Compensation for loss of reputation and opportunity caused due to such termination Cost incurred towards litigation Compensation for mental harassment Reinstatement in the service with back wages.

Notice for wrongful termination can be sent on the following grounds: Employee was forced to resign Employee was not served notice before termination Employee was terminated on false grounds Employee terminated during maternity leave
Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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