What To Do When Wrongfully Terminated From Employment?
Losing your job without a valid reason can feel shocking and unfair. If you believe your employer fired you illegally, you don’t have to suffer in silence. Wrongful job termination is a violation of your rights, and the law offers several remedies. In this article, Advocate Sagar Sharma from Aap Ki Adalat explains What To Do When Wrongfully Terminated From Employment?, step by step, to fight back legally and regain control.
People Also Read: Understanding Section 307 IPC Attempt to Murder
Understanding Labour Laws in India
To begin with, Indian labour laws offer protection to employees against illegal dismissal. These laws ensure that no employer can fire a worker without a valid reason and due process.
According to the Industrial Disputes Act, 1947, an employee who has worked for more than 240 days in a year cannot be terminated without a proper notice period or compensation. Similarly, under the Shops and Establishments Act, employees working in the private sector also enjoy safeguards.
In cases of illegal termination, the employee is entitled to reinstatement, compensation, or both. However, you must act quickly and follow the legal procedure to get justice.
File a Complaint with the Labour Commissioner
If your employer terminated you without following legal procedure, your first step should be to approach the Labour Commissioner’s office. This department helps resolve disputes between employers and employees without dragging the matter to court.
Here’s what you should do:
- Gather all documents – Offer letter, appointment letter, termination letter, salary slips, and any email or message relevant to your dismissal.
- Write a formal complaint – Clearly mention the facts, dates, and reason why you believe the termination was illegal.
- Submit it to the Labour Commissioner – You can visit the office in your district and file the complaint either in person or through your lawyer.
Once filed, the Labour Commissioner may call both parties for a conciliation meeting. If the employer fails to justify the termination, the commissioner may recommend compensation or reinstatement.
When to File a Court Case
If the Labour Commissioner’s intervention doesn’t resolve the issue, you have the right to take your case to Labour Court or Industrial Tribunal.
You can file a court case under the following circumstances:
- The employer refuses to appear for conciliation
- The dispute remains unresolved after multiple hearings
- You seek monetary compensation or job reinstatement
In court, your lawyer will present your documents, evidence, and witness statements. The judge may order reinstatement with back wages or compensation based on your experience, job profile, and the employer’s misconduct.
Why Legal Help is Crucial
Handling wrongful termination cases requires expertise in employment law. Advocate Sagar Sharma, a well-known legal advisor from Aap Ki Adalat, has successfully helped several individuals win such battles. He personally reviews every case, offers honest legal advice, and ensures that justice isn’t delayed.
When asked about common mistakes people make, he says, “People delay taking action or agree to unfair settlements. Always know your rights and act promptly.”
Conclusion
Illegal termination can disrupt your career and mental peace. But you don’t have to accept it quietly. Indian law gives you the tools to stand up for yourself. First, understand your rights under labour laws. Then, file a complaint with the Labour Commissioner. If needed, don’t hesitate to go to court with a skilled advocate by your side.
If you’re facing a similar issue, reach out to Advocate Sagar Sharma from Aap Ki Adalat for a free initial consultation. He will guide you with integrity and experience every step of the way.
