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What To Do If Your Employer Doesn't Pay You The Salary?
|By : Nidhi Verma , Noida- 63, India 10.11.2017 Phone:9205995294 Mail Now|
If you have been laid off or fired freshly, and you believe that you may have been fired for an unlawful object, you have the right to sue your former employer and claim damages from him for your wrongful termination. The legal recourse available to you would be:
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:
Implications of using your employer for wrongful termination
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