Wrongful termination of employment

Wrongful termination of employment

An employer might be found in violation of the law or an employment contract when they fire an employee. This is known as wrongful termination. Discrimination, harassment, and retribution are a few other reasons why these terminations may occur. An employment contract or state or federal law is broken when an employee is fired improperly, which is also referred to as unlawful dismissal or wrongful discharge.

Those who have been wrongfully fired from their jobs include: 
The term "discrimination" refers to the deliberate and intentional exclusion or mistreatment of someone on the basis of their age, gender, race, handicap, religion, sexual orientation, or genetic information. 
A corporation may be found in breach of contract if it acts contrary to the employee handbook or violates a written contract. 
The term "harassment" describes a hostile work environment that may include offensive remarks about ethnicity, religion, or other personal characteristics as well as unwanted sexual advances. 
When an employer fires an employee for reporting unlawful activity or discriminatory practices, it's known as retaliation. 
Employees who disclose unlawful activity occurring within the company are known as whistleblowers. Laws guard against harassment or termination for retaliation against these workers. 

The Industrial Disputes Act, 1947, the Workmen's Compensation Act, 1923, State Shops and Establishments Acts, the Maternity Benefits Act of 1961, the Constitution of India, and other labor laws all address the issue of wrongful termination of employment in India.

Following an unjust termination of employment, an employee's rights include the ability to file a complaint. 

  • Workers have the right to lodge a complaint with the relevant government body if they think their termination was unlawful. 
  • the right to be put back in -An employee is entitled to reinstatement if it is determined that their termination was unlawful. This implies that the employer has to put the worker back to work in the same capacity and with the same pay and benefits as they did prior to the employee's termination. 
  • entitlement to retroactive compensation -Back pay is entitled to workers who are restored following an unauthorized firing. This implies that in the event of a termination, the employer is required to provide the employee with the same compensation and benefits. 
  • Right to Compensation: In light of the unlawful termination, the employee is entitled to compensation for any losses they may have suffered. In addition to other losses, this could cause financial loss and psychological distress. 
  • Possession of the Right to Sue for Unlawful or Illegal Termination 
    An employee may file a lawsuit against their employer if they think their job was terminated illegally or unlawfully, provided that the company complied with all applicable laws, rules, or agreements. 
  • The right to be notified of an impending job termination 
    An employee's right to get advance notice from their employer regarding the termination of their employment contract is known as the "right to receive a notice of termination of employment." 

Legal recourse options available to employees consist of: 

  • Filing a Lawsuit: An employee may file a civil lawsuit to obtain appropriate relief from the court, including reinstatement into their previous role, back pay, damages for mental suffering, and compensation for financial losses. 
  • Contacting Labor Authorities: Depending on the jurisdiction, workers may submit complaints with the Labor Commissioner, Labor Court, or Industrial Tribunal in accordance with the Industrial Disputes Act of 1947. 
  •  Seeking Arbitration or Conciliation: If there is a clause pertaining to arbitration or conciliation in the employment contract, the worker may start the process using these alternate forms of conflict resolution. 
  • Criminal Remedies: In certain cases, an employee may submit a police report if the termination involves a criminal offense, such as fraud, forgery, or harassment. The police will look into the situation and, if necessary, file charges against the employer. 

    The State of Bihar & Ors. v. Shubhadra Kumari @ Subhadra Devi (L.P.A No.828 of 2019), 2024 LiveLaw (Pat) 54, The Patna High Court has noted that it is unreasonable for an employer to fire an employee without giving them a chance to defend themselves if the firing is due to suspicion of involvement in a criminal case. The appellant was wrongfully fired from their position as Anganbari Sevika without cause or opportunity for a hearing, solely based on allegations in a criminal case.

Conclusion:

Workers have the right to legal counsel if they think their termination was unlawful. Workers who were wrongfully let go have some legal recourse options at their disposal. These rights include the ability to register a complaint, the ability to be compensated, the ability to be reinstated, the ability to get back pay, and the ability to hire legal counsel. Due to the lack of a regular procedure for terminating an employee and a standard legislation governing wrongful termination, employers find it challenging to draft labor contracts that clearly define the terms of employment because labor regulations in India always take precedence over labor contracts.

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