What Steps Should I Take If I Am Wrongfully Terminated From My Job?

Losing a job for inappropriate reasons, in other words, wrongful termination can be an event which hurts a lot. In India, there are many laws which are put in place to protect the interests of the employees. 

However, sometimes it could be hard to enforce those laws. If you feel that you were fired unfairly, you must be aware of your rights, know what to do, and have a well-defined plan in place.

Wrongful Termination: About

When an employer terminates a worker’s job or contract for immoral or unlawful grounds, it is known as a wrongful termination. There are various reasons why this might happen in India such as: 

• Violation of Terms of Employment Contract: When one’s employer terminates them without following provisions in their employment contract.
• Biasness: Bias is firing an employee based on their gender, caste, religion, physical condition, or expectant mothers.
• Disciplinary action: Disciplinary actions include putting an end to employment or termination of an employee for disclosing who engaged in wrongdoing, harassment and other similar acts.
• Reprisals: Dismissal after being informed of the wrongdoing or illegal conduct of the organization.
• Forced Resignation: A hostile work environment leads to an employee’s self-imposed exile known as a forced resignation.
• No Sufficient Reason: Getting dismiss from employment without a reasonable and justifiable cause or devoid of proper documentation.

Steps Taken For Wrongful Termination From Job

Assess the Situation

The first activity that will help in addressing a case of wrongful dismissal is looking into the reasons that are put forward to justify your discharge from employment. This is a process which requires the following considerations:

• Was the termination consistent with the provisions of your employment contract?
• Was the notification period or the severance payment given about company policy and labour regulations?
• Was your termination free from bias or discrimination?
• Once such issues were raise, did you face dismissal?
• Was there any justifiable and believable cause for the termination of your employment?

Know Your Rights

Industrial Disputes Act, 1947:

The Industrial Disputes Act (IDA) protects workers against wrongful dismissal. A “workman” is described as someone employed in a skilled or unskilled employment, although it excludes management or supervisory employees earning over a particular pay threshold. As per this Act:

• Only legitimate reasons, such as misbehaviour or inability, should be the basis for termination.
• Employers must adhere to the correct protocols, which include giving notice or paying an employee in place of notice.
• If workers feel they were fire unfairly, they have the option to initiate a dispute with the labour courts.

Shops and Establishments Act:

• Every business or organization, irrespective of its nature, functioning in the market is govern by the provisions contain in the Shops and Establishments Act. 
• This Act deals with the issues arising within the work environment like the working hours and overtime pay, leave and job security, and also the procedures adopted at the time of employment termination.
• If an employment situation is encompass within the provisions of this Act, an employer must also comply with formal procedures set out in the Act to terminate the employment.

Employment Contract:

• In case of dispute, the most vital document is your employment agreement. 
• It details upon the employment terms, notification of resignation, reasons for dismissal and termination benefits. 
• The employers are oblige to adhere to the conditions outlined in the agreement; any deviation may be regard as an unfair dismissal.

Address the Situation:

• The very first step is to conduct a detailed re-examination of your employment agreement. Look for any clauses that refer to your termination notice period, severance compensation and payment. Also, evaluate how your employment termination clauses are present in your case to note down any discrepancies that may arise. 
• Immediately after termination, it is wise to ask the employer for a letter explaining the circumstances of the termination. This holds significance as the letter will back the reason the employer has given for the action taken, which may be of importance in any court processes that follow. 
• In most Indian firms, there are Human Resources (HR) policies or mechanisms to resolve internal grievances. If available, please make use of these facilities. HR departments are, as a rule, tasked with issues of conflict resolution in instances when terminated employees seek reinstatement, and it is always easier and less tedious to get a resolution to the issue from within the organization.
• In case the internal grievance handling procedures do not work out well, seek the advice of an employment attorney. A competent lawyer will guide you on the best decision to take depending on the predicament you are in. They will also help you assess whether the existing statutes apply in your situation, and consequently qualify you for illegal termination.
• In the case, if all efforts to amicably resolve the dispute fail, there may arise a need to resort to litigation. it is possible to send a legal notice to the company or employer and file a complaint with the labour department within your state. After evaluating the condition, the labour commissioner may, if appropriate, initiate conciliation proceedings for the purpose of resolving the conflict. 

• During the process of termination, make sure you maintain a record of all exchanges you have had with your employer. This language includes stored written exchanges beyond just letters, emails or minutes of discussions and meetings. If you have plans to file an action in court, these records may serve as evidentiary support.

Available Remedies for Wrongful Termination from Job

• Back Wages: You can be eligible for back pay in wrongful termination instances for the time you were unemploye due to the firing. The intention of this back wage is to equalize your earnings and reimbursements as if you had not suffered the wrongful termination that you did. 
• Compensation: Where the court assesses that restoration is impracticable or infeasible, it may award you compensation instead. Such an award may vary depending upon several factors, including the duration of employment, the reason for the separation, and the likelihood of reintegration into the labour market.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.