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Recover pending salaries from my ex-employer for Salary Due Recovery
You have the right to sue your former employer and claim damages from him for your wrongful termination. The available legal recourse available to you would be:Monetary compensation for damagesNegotiation for an appropriate severance package
This is a user generated content for MyStory, a YourStory initiative to enable its community to contribute and have their voices heard. The views and writings here reflect that of the author and not of YourStory.
The term "wrongful termination" means that an employer has fired or laid off an employee for wrongful reasons i.e. reasons that are not valid in the eyes of law. Wrongful reasons for termination include:
Firing as a form of sexual harassment;
Firing in violation of labour laws, including collective bargaining laws; and
Firing in retaliation for the employee's having filed a complaint or claim against the employer.
Firing in violation of federal and state anti-discrimination laws
Firing in violation of oral and written employment agreements
Implications of using your employer for wrongful termination
recover pending salaries from my ex-employer or Salary Due Recovery
If you sue a former employer for wrongful termination, you are asking the judge to award you money, called damages. Monetary damages are usually the only remedy available in a wrongful termination lawsuit. The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses.
Your employment with a private company is governed by the letter of appointment issued to you by the company and comes under the ambit of Contract Act.
Did you sign any contract of employment before joining the company?
If so, what were the terms of termination of employment in the contract?
Any employment with a private company is managed by the letter of appointment issued by the company and comes under the ambit of the Indian Contract Act.
The legal recourse starts by sending a legal notice to the company for the wrongful termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
However, one must keep in mind that the court cannot grant reinstatement as private employment is covered under the contract act which means the maximum available remedy is only to recover the monetary losses one suffer.