Legal Question in Employment Law in India

Legal advice regarding job termination

sir

I am working in an FMCG co. in Bangalore, india and my employment was terminated with out any notice and a new person has been recruited. I wish to state that my performance was satisfactory and the highs and lows were never discussed or issued any notice during any point of time. My appraisal has been done in May'07 with positive inputs from my boss for designation, salary upgradation and release of performance linked bonus. but since last two months as per the recommendations, i did not recieve anything from the company and none of my request regarding the same has been answered. I have all the documents pertaining to my employment and in this circumstance i request you to kindly give me your valuable opinion of what can be done as given below.

1.Can I take legal action against the company if they fail to settle all my dues?

2.Will taking leagal action against the company will anyway affect my future employment opportunities?

3.What is the time frame for settling the legal issues in the event of opting for legal action?

4.Do I have to submit my resignation and then proceed for legal action?

I request your goodselves for a suitable advice and help me out of this hurdle


Asked on 8/10/07, 9:55 am

2 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Legal advice regarding job termination

hello

well as far your query no. 1 you can definately file and suit for recovery and damages , 2. ofcourse the second company will have an objection to recruit you, 3. three years, 4.its not required or necessaray

good luck

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Answered on 8/11/07, 2:04 am

Re: Legal advice regarding job termination

1. yes,you can file suit for recovery and damages also.

2.Yes, second company shallbe hesitant in accepting you.

3.Three years.

4.Not required.

But note that mere recommandation does not entail you to recover the recommended ammount as the same depends upon approval of the company.

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Answered on 8/10/07, 2:08 pm


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