Legal Question in Workers Comp in India
Unfair Termination and compensation
One of my friends joined an India company ABCIndia, which used to work for an US Company XYZUSA. After her good performance over 4 months, the XYZUSA provided her with 5% ownership for Class B Membership; she has the papers signed by two of the major stockholder partners and owners of the company - XYZUSA.
The 5% ownership interest was on a 2-year cliff vesting with 1/3 % vesting immediately. In addition, any liquidity event (defined as a sale of 51% Class A ownership interest) will also trigger full vesting. .
After slightly more than a year (2/3rd is vested already), ABCIndia fired her without any notice saying that XYZUSA does not like her working style, or not happy with delivery capabilities.
They did not give her 2/3rd vesting plus any termination/notice money. When she contacted them, they started saying that she has taken Company's documents and now working for a company, which is competitor of XYZUSA, but she has not done anything like this. XYZUSA is threatening us saying that he may consider going to Federal Trade Commission and file a lawsuit. I think they are just doing this to avoid giving my due money to me. Please help us, and suggest is the options available for us.
1 Answer from Attorneys
Re: Unfair Termination and compensation
Dear sir,
your appointment letter is to be seen and if the same speaks of notice period then company has to pay salary of notice period beside other perks/dues.The act of such termination as complained by you is unfair and also illegal.you can challenge the termination in court and can also claim compensation from the company.The threat as given by the company is only a mode to stop you from taking any action against the company.In case of any other query/assistance you may cal me on 9873343288(delhi).
thanks.
siddharth srivastava
09873343288
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