In India, can an employee sue an employer for wrongful termination?
Technically yes, if termination is against the employment conditions as mentioned in appointment letter, And so read your appointment letter regarding notice period and seek a legal opinion.Here it's important to mention the statutory laws like Minimum Wage PF, ESIC, Grautity and Bonus has to be adhered to in all conditions irrespective, as mentioned in various acts . Bonus in termination cases is generally withdrawn.But there is a practical side, higher one moves up the ladder more insecure one becomes and so he/she avoids legal recourse because it impacts future employment, to avoid being labelled as a trouble maker and avoid termination word per se in relieving letter. This gives rise to “deemed exploitation” - if I may refer it to as exploitation in the first place- to forcefully make someone resign and force a “graceful” exit.With changing work profiles and sure downfall of existing IT industry we can forecast a change in employement work conditions soon, hopefully positive
In an absconding case of an employee, what legal actions can an HR person take from the employer point of view in India?
DISCLAIMER: ABSCONDING IS NOT TO BE DONE AND THIS POST IN NO WAY IS HELPING YOU TO TAKE ACTIONS ACCORDINGLY. PLEASE TREAT THIS ONLY AS SOURCE OF INFORMATION AND I AM NOT LIABLE FOR ANY ACTIONS TAKEN HEREWITH.HR cannot sue you or file a court case until and unless you have stolen some information/data or intellectual property which is not to be shared in public domain (remember you signed a contract/bond)Actions can be taken as below:Step 1- HR will try to reach out to you on your phone no.s (cell, landline, family members phone no., any emergency contacts you have shared during joining). This follow up can be done for various durations- days to weeks (normally not more than 2 weeks). Along with this various emails will be sent to you on your personal mail ID. HR will also talk to your friends in office, colleagues etc. (investigation!), you will become a center of gossip in office for few days :PStep 2- In case HR is unable to catch hold of you through any of the above, you will be declared as absconding in company records and your employment will be terminated with immediate effect.Step 3- You will not be provided with any relieving letter/mail, your salary from the date of absconding (depending on where it falls in pay cycle) will not be processed, no full & final settlement will be provided. All your access will be cancelled (including removal of access on your laptop from company server, VPN etc., in case you have taken the laptop with you).Step 4- In case company is using tools like SAP etc, they can share the same information with other companies and you can be blacklisted in market. HR's do share information across industry specially in MNC's. Next company can easily find out your past actions accordingly until and unless you are getting into your own business of course!P.S.- ABSCONDING is highly UNETHICAL and should be avoided, as it causes a lot of pain to the HR team and company who have invested and trusted in you.
Can my employer ask me to empty out my pockets at random?
at work they have put a new "cannot carry a cell phone on your person while on the clock" policy if u do have one in your pocket at anytime on the clock is grounds for a write up. I work as a paintball referee so I don't even carry it on me for the fear of breaking it out on the field... but they said they will start asking employees at random to empty out pockets to see if they have a cell phone... is that even legal? isn't that violating your constitutional right, the 4th amendment right of protection from unreasonable searches? it will be embarrassing to be asked to empty out your pockets in front of the public just cause they think you have a cell phone on you.
Should a person get fired for drinking a Pepsi, if they work for Coca-Cola instead ?
All employees in a company agree to abide by the employee handbook. If you don't follow the rules, they can be considered grounds for termination. It could be considered a conflict of interests similar in owning stock in a competitor's company. Your money is going to improve the financial standing of a competitor and thus not going to your own company. A lot of the answers talk about "disrespect". How is this breaking the dress code viewed at most companies? You don't get to wear whatever you want. If you work for a gym or fitness facility, you can be written up or even fired for smoking in the parking lot. Different companies have different rules based upon their customer base and necessary public perception. When you break those rules is shows the lack of dedication to your company and your purpose in helping them succeed. *G*
Can my employers stop me parking on the road outside work?
Where I work, the car parking is appaling it is claimed that we are not allowed to park outside work on the road. It is however a public road with no parking restrictions. Work say that they have a "good neighbour agreement" with the residents but this appears to have no legal grounding. My employers claim they will bring about disciplinary action against anyone parking out on the road although this is not in my contract and is certainly nothing I have signed up to. My understanding is, that as a road tax payer, I am entitled to park on the road and work can't stop me. Is this correct?
Can I sue my employer for wrongful termination if I am an at-will employee?
In the US, an employer can fire you for no reason or for any reason. There are a limited number of exceptions. Those exceptions include specifically protected classes. That is race, religion, age over 40, sexual orientation (in a limited number of locations) and so on. If an individual faked something to get you fired, you might have a lawsuit against that individual person. But your employer, since they don’t even need a reason to fire you, isn’t going to lose a lawsuit because they fired you for a made up reason. Unless that reason is to hide the reality of firing you for being part of a protected class.I agree with the person who warned you about your call recordings. If you recorded those calls in a state which requires all-party consent, or the person you recorded was in such a state, you are in for more trouble than it is worth and it is unlikely you could even use the evidence. So be careful about revealing the existence of those tapes until you are sure you didn’t break the law when you recorded them.The only way to know for sure if you have a case is to consult with an employment lawyer in your jurisdiction. But I have to agree with the assessment of the others here. I don’t see much to go on based on what you have told us.