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HOW DO I SUE A COMPANY FOR ILLEGAL TERMINATION?
Team SoOLEGAL 1 Aug 2023

HOW DO I SUE A COMPANY FOR ILLEGAL TERMINATION?

Wrongful termination of employment is an unpleasant and undesirable process that must be conducted ethically and legally. In India, the following forms of termination are considered wrongful:

Discrimination: Termination based on age, race, sex, nationality, or any other discriminatory grounds is wrongful termination.

Breach of Contract: If an employer violates the terms of an employment agreement, including situations where the employee is forced to resign (constructive dismissal), it is considered wrongful termination.

Other Factors: Wrongful termination also includes firing an employee due to workplace disputes, personal grudges, or refusal to act on illegal orders.

Laws Against Wrongful Termination in India

India has several labour laws against wrongful termination. Termination based on discrimination violates fundamental rights under the Indian Constitution. Violations of labour laws, the Industrial Disputes Act, 1947, the Workmen's Compensation Act, 1923, and State Shops and Establishments Acts also constitute wrongful termination. These laws apply not only to the labour class but also to the managerial sector.

Legal Remedies for Wrongful Termination

To address illegal termination, individuals can take the following steps:

·       File a formal complaint or grievance letter with the HR Department of the company. Allow them time to evaluate the case and provide a response.

·       If the HR department's response is unsatisfactory, hire a lawyer and send a legal notice to the employer seeking damages, including back pay, lost benefits, out-of-pocket losses, injunctive relief, punitive damages, severance package, retrenchment compensation, health insurance, and provident fund.

Filing a Lawsuit for Wrongful Termination

If a contractual agreement has been violated, file a lawsuit against the employer for wrongful termination in the Labour Court. The court may order the employer to reinstate the employee and provide compensation for the wrongful termination.

Conclusion

Wrongful termination is a serious issue that needs to be addressed through proper legal channels. India's labor laws provide protection to employees against arbitrary termination, ensuring that their rights are upheld in the workplace. If you believe you have been wrongfully terminated, it is crucial to seek legal advice and take appropriate legal actions to protect your rights and seek appropriate remedies. Consulting with legal experts can provide valuable guidance on the best course of action for your specific situation.

For more specific legal advice on remedies against wrongful termination, consult with an expert at SoOLEGAL via info@soolegal.com or +91 9810929455.

Did you find this write up useful? YES 0 NO 0
Prafulla Pardeshi   24 Sep 2024 5:38pm
I have been terminated by the IT company without any prior notice or compensation. I would like to connect with someone regarding this matter;
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Bhawna Satija  22 Aug 2023 1:01pm
What documents are needed to serve a legal notice to my company for wrongful termination?
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AP  24 Aug 2023 1:08pm
Documents required for sending a legal notice to the employer for wrongful termination are as follows- Copy of Employment Contract/Agreement Bank Statement/ read more
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Jessica   16 Aug 2023 5:34pm
Very well written.
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