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

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