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Author Topic: Forced to resign after 16 years in service . No Severance offered !!  (Read 346 times)

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Offline kumars

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I was with a services IT farm for last 16 years.One fine day (sep 2014) I was asked to submit my resignation letter based on biased performance Appraisal.I was a individual contributor and didn't have any direct reportee when I was fired.During my tenure I have been in supervisor roles though. My Question is can I Approach my ex-employer now for the  Severance benefits
that was promptly pushed under the carpet knowingly or unknowingly.I guess IDA mandates 15days of pay for every year with the organization.I'll ask them to honour it and pay me my dues with interest else face legal action.

Am I justified in claiming Severance by the court of Law?
Please clarify.

Offline riteshmaity

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Re: Forced to resign after 16 years in service . No Severance offered !!
« Reply #1 on: August 04, 2016, 07:31:43 AM »
If you can prove that you were forced to resign, only then you have a case.
If you are a workman under the ID act, then you have to file the case before the court within 3 years from the date of termination i.e. September 2017. If you challenge the termination, then you can ask for reinstatement and back wages.

However, if you demand outstanding dues/ F&F settlement etc. then it will be deemed that you have accepted the resignation/ termination and you will no longer be in a position to challenge such termination before the court.

Contact a lawyer with all documents for better advice.
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Offline kumars

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Re: Forced to resign after 16 years in service . No Severance offered !!
« Reply #2 on: August 06, 2016, 12:36:53 AM »
If you can prove that you were forced to resign, only then you have a case.
If you are a workman under the ID act, then you have to file the case before the court within 3 years from the date of termination i.e. September 2017. If you challenge the termination, then you can ask for reinstatement and back wages.

However, if you demand outstanding dues/ F&F settlement etc. then it will be deemed that you have accepted the resignation/ termination and you will no longer be in a position to challenge such termination before the court.

Contact a lawyer with all documents for better advice.


Sir,

Not sure what kind of proof will be necessary.I was taken to a room and was asked to write a resignation letter.
All my access to company ID were revoked and I was escorted out of the company premises. At that point of time I was too shocked to react much as I never anticipated this kind of treatment.I just followed what they asked me to do.I had a reasonable good reputation in the company and would like to think people can vouch for me.If for whatsoever reason (performance in my case) company , forced me to resign (even if its genuine per them) , am I not eligible for severance?
They have already done the F&F settlement (2months notice amount) ,gratuity,PF etc without any problems.

I would never want to goback to such a company which belted out such treatment to me after 16years of service.
To be frank , It's not the company but certain individuals in key positions who thought I was not good enough.
But even if their opinion is correct , as I was forced to leave I guess per IDA(I discovered it per chance couple of days back) I'm eligible for severance.

If it comes to it, I believe I can prove in court that I was terminated .
However I would be needing a good lawyer for that.
Can you point me to some good ones in Bangalore?

Please note My end goal is severance benefit and not reinstatement though I also have proof that performance review was biased and can challenge it.

Let me know if I have a strong case.
First I'll try to reason with the company HR and ask for my legal dues to be settled.
They are a very big and professional company and I believe if the right set of people are approached they would oblige.
But if they refuse to budge and act smart , I can drag them to court.
Justice should prevail.



Offline vakilpro16

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Re: Forced to resign after 16 years in service . No Severance offered !!
« Reply #3 on: September 23, 2016, 04:51:27 AM »
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