What legal steps can be taken, if you have been terminated illegally?
On July 29th, I resigned n requested a possible release within 20 days(by Aug 19), knowing recovery might apply if I didn't serve the full notice period. I was on the bench, I expected HR to discuss the recovery, n I was willing to serve the full notice period if needed. Instead, the company released me in 5 days without any discussion, which raised concerns. HR later informed me that my leave balance and 8 extra days worked would cover the ₹1.7 lakh recovery. They didn't notify me in advance that August 2nd would be my last working day; I found out at 5 PM that day. I immediately emailed HR stating I was ready to serve the full notice period if recovery applied but got no response. They now claim that since I requested an early release, the recovery stands. I have proof of these events and am worried about my pending full and final settlement. Despite being a top performer, I feel unfairly treated. I'm awaiting official Full and Final confirmation and have 30-40 days to consider my options.
You have strong legal grounds to challenge the recovery amount, as the company prematurely released you without proper notice or discussion about the notice period and potential recovery. Your documented readiness to serve the full notice period, coupled with the fact that they released you early without consultation, strengthens your position for negotiating the full and final settlement. Consult an employment lawyer to review your documentation and draft a legal notice challenging the arbitrary recovery and seeking full settlement of your dues.
Since you expressed willingness to serve the full notice period if recovery was applicable, and the company unilaterally decided to release you early without prior notice or explicit discussion about recovery terms, their claim for recovery appears legally questionable. Under labor laws, you can challenge this in two ways: file a complaint with the Labor Commissioner regarding unfair deductions and pending settlement, or send a legal notice highlighting the company's arbitrary action in forcing early release while simultaneously imposing recovery. Keep all email communications and documentation to support your case that the early release was the company's decision, not yours.
Sir, as this is complex matter and requires brief discussion so it is advised to contact an expert lawyer specialized in employment matter. For further legal assistance contact us on our helpline number.
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