Wrongful Termination Legal Notice
Wrongful Termination Legal Notice
This pandemic saw a huge backslash in the employment sector of India, as many corporations and organizations faced massive losses in achieving their targets. This impacted the workmen directly, with the Countrywide lockdown putting a complete halt for all the ongoing trade relations. Many employees working in various corporate entities of major metropolitan cities were laid off and many are still at the risk of the same.
When an employee working in a private or government organization is terminated without giving any reasonable grounds, it will be deemed as wrongful termination. However the employee can pursue legal remedies for wrongful termination by availing of our services, we offer you the assistance of our skilled lawyers who are expert in the area of employment laws in India.
India is not governed by specific employment laws for dealing with wrongful termination of workmen. There are different provisions in The Industrial Disputes Act, 1947, The Workmen’s Compensation Act, 1923 which safeguards the fundamental rights of the employee. When a person working as a staff member in organizations, institutions, government entities, agencies, or companies is deployed from their position of work for unreasonable and irrelevant causes, it amounts to a gross violation of an essential right in the employment agreement. Such an unfortunate event can be protected by legal remedies, where the employee is entitled to compensation and restoration of their position of work. The applicant has to record the evidence i.e. evidence of termination (letter of termination) and along with the parameters of the act draft a legal notice of the employer. Our wrongful termination legal notice services, indulges in premium lawyers who with their expert advice and consultation will guide you through the legal proceeding and represent you based on the merits of the case to ensure you obtain a suitable order of the court.
We at LSC, offer you suitable lawyers who are professionals and masters in the practice of drafting legal notices. They will draft a legal notice on your given instructions and details. The same will be verified by you with the expert advisory and consultation of our advocates. Once the client approves the draft, our legal team will prepare to send the legal notice with supporting claims to the concerned employer. If the employer fails to reply to the legal notice within the specified period of time. The applicant can approach the court for necessary orders. Our lawyers will guide you throughout the legal proceeding and resolve all the queries arising out of the dispute.
The standard steps involved are;
- Once the applicant gathers all the required documented evidence, our legal team will carefully examine the details to draft a legal notice.
- After the examination, our legal practitioners will guide you around the legal parameters of the court procedures.
- The draft of the legal notice will be seeking damages including back pay, lost benefits, injunctive relief, punitive damages, health insurance provident fund, and loss of salary.
- A legal notice will be summarised by our skilled draftsmen as per your instructions and it will be supported by a termination letter.
- After you approve the draft, our lawyers will finalize the legal notice and prepare to send the same to the concerned employer.
- If the legal notice is not replied, within a specific time period the employee can pursue the issue in court with the representation of your lawyers.
The general documents required are:
- Letter of appointment.
- Employee number
- Employment agreement
- Bank statement (proof of payment of salary)
- Terms and conditions of the employment agreement
- Termination/ registration letter
What Shall You Obtain?
The process is undertaken by licensed lawyers and therefore shall be in your best interest. After the final draft is completed, the customer shall be given a complete copy of the legal notice along with the certified supporting documents for each activity undertaken.
Duration Until Completion
The time frame to send a legal notice for wrongful termination can extend up to two or six days for drafting the notice followed by alterations requested by the clients.*
What is the time frame for drafting a legal notice?
The timeframe to draft a legal notice for wrongful termination can depend on the content of the notice. It can approximately take a week to draft and alter the same.
Why should one avail of these employment services?
We at LSC, offer the assistance of our licensed lawyers. They are experts in the area of employment laws in India. They will guide you at every step in the legal proceeding and provide you legal advisory on all the queries.
Who can avail of the employment services?
Any person who is a staff member/employee working in organizations, institutions, government entities, agencies, or companies deprived of their right to work can avail of these services.
Why is it necessary to file a legal notice?
It is necessary to file a legal notice for wrongful termination, as this right can be legally restored by law administrations. Legal notice can be filed only when the employee’s right to work is violated. Termination can only sustain by reasonable grounds
Is there a limitation on making a legal notice for unpaid salary?
Since there is no specific provision for the period of limitation in the Act, the period of limitation starts running from the period when the cause of action accrues, which in employment cases would be receipt of the letter of termination.
What are the advantages of filing a legal notice?
Sending a legal notice is an ultimatum to the person before entering into a legal proceeding. The compensation and restoration of the post will then be awarded based on the merits of the case by court orders.
Under what grounds can the employee be wrongfully terminated?
The employee can be wrongly terminated under unpleasant circumstances such as discrimination, personal grudge, breach of trust, etc.
What does this unpaid salary legal notice service offer me?
Our services offer you premium lawyers who are experienced in the labour laws of India. They will draft a legal notice on your behalf and represent you in court.
Under what Acts is the wrongful termination of employees protected?
The following Acts are governed by provisions to protect the rights of the employee in India. The Industrial Disputes Act, 1947, The Workmen’s Compensation Act, 1923.
What purpose does the legal notice serve?
When the employer wrongfully terminates without giving reasonable grounds, the applicant can send a legal notice to the employer who has to reply to the same within time failing which the applicant can approach the court.
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