Legal Question in Employment Law in India

Resignation

I resigned from my firm on 30 August. The firm says that it is company policy that those who resign will not be paid. I also worked with them from 15th July to 31st July and got paid for it. I am in possession of only the payslip for July and a Discharge letter dated 30th August. Please let me know if i can take any legal recourse to this end, and if such what section of the law??


Asked on 11/18/01, 10:33 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Resignation

You are entitled to be paid for each day you worked up to the day of resignation. Of course, after the effective date of your resignation, you are not entitled to payment. If you tendered your resignation to be effective next Friday, the company can release you from work immediately, but may be held liable for payment for the period you offered to be present if the company terminates you earlier.

Based on the facts you related, you should be paid through the last date you worked at a minimum. You should first file a claim with the Utah State Dept. of Employment Security, and if you cannot get help through them, file a lawsuit. If the amount you are owed is under $5000 you can file in small claims court. You also may have a claim under Federal Law and can pursue it in State or Federal Court.

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Answered on 11/18/01, 12:57 pm


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