WRONGFUL

 Termination-Legal Notice

If you believe that you were wrongfully terminated from your job, you may be able to file a legal claim against your former employer.

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Overview

Wrongful termination is a common employment dispute in India, leaving many employees stranded without financial support each year. If you have been wrongfully terminated, you have the legal right to send a legal notice to your employer. The process begins by sending a legal notice regarding the illegal termination and demanding the recovery of any dues as per the terms of your employment. If there is no response to the notice, you can file a suit to recover legitimate dues such as unpaid salary, salary in lieu of the notice period, PF, gratuity, and more. A legal notice serves as a final communication to your employer, urging them to resolve the issue before you proceed with a lawsuit in court.

WHAT ARE THE PROCEDURE FOR LEGAL NOTICE FOR WRONGFUL
TERMINATION?

The following procedure can be followed when sending a legal notice for wrongful termination:

  1. Find and hire a qualified legal attorney or lawyer with experience in employment matters and labor laws.
  2. Have the lawyer prepare a legal notice that specifies the details of your employment terms and the duration for which salary was not paid.
  3. Review the legal notice carefully to ensure accuracy and confirmation of all facts and figures.
  4. After obtaining legal approval and attestations, send the notice to your employer via registered post.

Alternatives available with the Employee to recover the due Salary-

You can consider the following options for resolving the issue of wrongful termination:

  1. Go for Arbitration and Mediation.
  2. Approach the District Labor Commissioner and seek their 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 outlined under the Insolvency and Bankruptcy Code, 2016 (in cases involving a company employer).

REQUIRED DOCUMENTS

To support your case regarding wrongful termination or employment disputes, the following documents are essential:

  1. Employment Agreement: Outlines the terms and conditions of your employment, including salary, benefits, responsibilities, and termination procedures.
  2. Job Offer Letter: Specifies the initial terms of your employment, such as the position, compensation, and other employment-related details.
  3. Termination/Resignation Letter: The official letter from the employer stating the termination or resignation, including the reason for the termination or acceptance of resignation.
  4. Past Payslips: Evidence of your salary payments and working terms, which can support claims regarding unpaid dues or wrongful termination.
  5. Any Written/Recorded Communication with the Employer: This includes emails, letters, or any other form of communication with your employer regarding the issue, which can serve as evidence for your claim.

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

By pursuing the appropriate legal actions, an employee who has faced wrongful termination can secure their job and recover any unpaid salary. The primary relief an employee can obtain from legal proceedings is monetary compensation or damages. The purpose of such compensation is to reimburse the employee for the losses incurred due to the employer’s actions. To successfully claim damages, the employee must not only demonstrate that they suffered losses as a result of the employer’s wrongful conduct but also establish the amount of those losses.
Hindu
Personal LawsChild custody laws for Hindus in India are governed by the Guardian & Wards Act, 1890 and the Hindu Minority & Guardianship Act, 1956. These laws provide the framework for determining the legal custody and guardianship of children under Hindu personal law.

WHY IS LEGAL NOTICE FOR WRONGFUL TERMINATION REQUIRED?

By taking the appropriate legal steps, an employee who has experienced wrongful termination can secure their job and recover any unpaid salary. The primary relief an employee may receive through legal remedies is monetary compensation or damages. The goal of such compensation is to reimburse the employee for the losses incurred due to the employer’s actions. To claim damages, the employee must prove that they suffered losses because of the employer’s wrongful actions and also establish the amount of those losses.

Hindu Personal Laws

The Guardian & Wards Act, 1890 and the Hindu Minority & Guardianship Act, 1956 govern child custody laws for Hindus in India. These laws outline the framework for determining custody and guardianship of children within Hindu personal law.

WHAT SHOULD A LEGAL NOTICE FOR WRONGFUL TERMINATION COVER?

A legal notice is the initial step in the legal process or court case. It must clearly outline the full narrative in descriptive terms and be signed by a lawyer. In the notice, you should seek compensation for various damages, including back pay, lost benefits, injunctive relief, punitive damages, health insurance, provident fund, and salary loss. The notice should also specify a time frame within which the company or employer must respond and compensate you for your job loss and unpaid salary (including interest for any delay). Additionally, it should state that you will file a case in court if the notice is not complied with within the given time.

PAYMENT STRUCTURE

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

LEGALTAX ASSURANCE

Verified Lawyers: All lawyers are thoroughly vetted with valid Bar Council IDs.
Fixed Quotes: No price hassles later.
Dedicated Case Manager: A personally assigned Case Manager to provide timely updates on your case proceedings.
100% Confidentiality: Your personal details are kept completely confidential.

FAQ’s

A legal notice is typically sent by an advocate on behalf of their client. While it’s not mandatory to send a legal notice through a lawyer, it is highly recommended to seek legal assistance and send it via an advocate. Once the legal notice is sent, no amendments can be made, and you cannot contradict any statements or information provided in the notice. It is crucial that your legal notice is drafted carefully in legal language, covering all the demands you have from the opposing party. Therefore, engaging a qualified advocate to draft the legal notice is essential.

If the employer fails to respond to the legal notice, you can proceed with filing a case against them to seek the relief mentioned in the notice. If you decide to take legal action against your employer, you can avail of our services. We will assist you in connecting with an expert employment lawyer who will handle the filing of your case.

In many cases, sending a legal notice helps settle disputes. A well-drafted legal notice often prompts the recipient to take immediate action within the specified time frame, without the need for court intervention. The effectiveness of a legal notice depends on how it is drafted, with the main goal being to resolve the issue rather than escalate tensions.

You can seek the following reliefs:

  • Payment of outstanding salary
  • Interest on the outstanding salary
  • Compensation in lieu of the notice period
  • Compensation for breach of employment agreement
  • Compensation for loss of reputation and opportunities caused by the termination
  • Litigation costs
  • Compensation for mental harassment
  • Reinstatement in service with back wages.

A 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 was terminated during maternity leave