What to do if I am illegally terminated from my office?

If you have an employment contract, it will usually outline the terms of your employment, including the grounds for termination. If you do not have a contract, check the company’s policies to see if the termination was consistent with the policy. Gather evidence: Gather any relevant evidence that supports your claim, such as emails, performance evaluations, and witness statements. 

This evidence will be helpful if you decide to file a lawsuit against your employer. File a complaint with the appropriate government agency: Depending on your circumstances, you may be able to file a complaint with a government agency, such as the Equal Employment Opportunity National Labor Relations Board (NLRB). 

These agencies can investigate your claim and may be able to mediate a resolution or provide you with legal assistance. Consult with an employment lawyer: An experienced employment lawyer can help you understand your legal options and provide guidance on the best course of action. They can also help you negotiate a settlement with your employer or file a lawsuit if necessary. File a lawsuit: If all other attempts to resolve the issue fail, you may need to file a lawsuit against your employer. A lawsuit may be filed for wrongful termination, discrimination, or retaliation, depending on the circumstances of your case. In such cases, you may be entitled to damages, including lost wages, back pay, and benefits, as well as compensation for emotional distress and other damages. 

In India, the law protects employees from illegal termination. Here are some relevant case laws that may be helpful:

Case Laws

1. Industrial Disputes Act, 1947: The Industrial Disputes Act is one of the primary laws governing employee-employer relations in India. It provides for various measures to settle disputes between employers and employees, including provisions related to illegal termination. According to the Act, an employer cannot terminate an employee without a valid reason, and the employee must be given notice and compensation.
2. Workmen v. Firestone Tyre and Rubber Co. of India Pvt. Ltd. (1973): In this case, the Supreme Court held that an employer has the power to terminate an employee, but it must be done in accordance with the principles of natural justice, which include giving the employee an opportunity to be heard and a valid reason for termination.
3. Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986): In this case, the Supreme Court held that an employer cannot terminate an employee in violation of the principles of natural justice, such as without giving the employee a hearing or without providing a valid reason for termination.
4. Air India Ltd. v. Nergesh Meerza (1981): In this case, the Supreme Court held that an employee cannot be terminated on the grounds of race, religion, sex, or caste. Any such termination would be deemed illegal and discriminatory.
5. Punjab National Bank v. Kunj Behari Misra (1998): In this case, the Supreme Court held that an employer cannot terminate an employee for reasons that are arbitrary or discriminatory. The termination must be based on valid reasons, and the employee must be given a fair opportunity to be heard.

In summary, these cases illustrate the importance of following the principles of natural justice and providing a valid reason for termination. An employer cannot terminate an employee in violation of these principles, and any such termination may be deemed illegal and discriminatory. Employees who believe they have been illegally terminated may file a complaint with the labor court or file a lawsuit for wrongful termination.

If any employer or the employee has been terminated illegally then they can approach to lead India where they will be guided by the best of the employment issue expert advocates in their city, they can also ask the free question, talk to the lawyers, or hire best of the advocates in their respective city.