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Termination of Employment - Free Legal Advice

Author: Free Legal Advice

Entry date: 2021-09-26

Summary: Termination of Employment - Employee Rights

One random day, I received a call from lady… weeping in the background,  saying her employer is not giving her the due salary after she tendered her resignation notice. I slogged and completed all my pending works including new assignments during my notice and crying continued.

This has become a common trend with most of the people, especially during post covid, where an employer thinks it’s perfectly fine to withhold the salary with some lame excuses.

As a lawyer, I’m writing this to help people who had gone through similar fate. Here are few points you need to keep in mind

  1. Ask your HR to keep things over an email. (Include your Boss/directors if possible)
  2. Record and document all recent conversation you had with them (Whats app, sms)
  3. Do not sign any documents without getting your F&F settlement
  4. Approach a lawyer with all documents (mentioned above)

After going through all the documents and evidentiary proofs I helped her in drafting a email (Not Legal Notice) mentioning what her rights are and seeking a deadline to close this. Most importantly while drafting the email, you had all the legal language and structure kept it mind to give a sense that this email is not coming from her but from a lawyer she had consulted with.

Guess what, post sending that email. What happened immediately was she got a call from HR saying sorry for the delay and the salary will be credited within 2 days.

If you are one of them, going through the same circumstances, contact a labour lawyer and take their guidance in these cases, the way you communicate becomes very critical here.