- This topic has 9 replies, 7 voices, and was last updated 1 year, 3 months ago by
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UI was told I am going to get terminated and last Tuesday will be my last working day because of my performance issue, but performance was fine, not top-notch, I am also a human, i made few minor mistakes and those were hold against me. When I tired to fight back with my performance numbers, they said “it is not enough”
During my 1:1 with my manager in January she said “if you fall sick this much then you should take some break and we will have opportunities in future” I have sickle cell anemia.
My performance was not perfect, but the client which I was handling recommended my organisation to one of the other companies they work with saying they do a good job. So, i think I was doing pretty well.They did not explicitly say they were firing me because of my disability but it was implied.
On Monday i requested my manager at least give me a chance to resign, after that she talked with HR and agreed. I resigned on Monday so at least i could get a experience letter and not a termination letter. Monday was my last working day, they gave me one month salary as severance.
I informed about my disability to them from the very start and provided all the documents related to it.
Should I file for wrongful termination? Is it worth it considering finances required for the case and the mental trouble.
I feel discriminated and disgusted. -
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HOnce you have resigned by yourself how can you file for wrongful termination? What you did was the dream scenario for the Company which is why your offer to resign was immediately accepted and they ended your employment by paying you for the notice period (so that you can’t change your mind later). Nothing you can do now. Find yourself a new job and move on.
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UGenerally companies are held liable only when they terminate an employee for a disability which was caused during the course of employment, because of the nature of the job.
In scenarios like yours, it is difficult to prove that they terminated you because of your disability especially when you have resigned yourself. Best would be to try moving on to better opportunities you find.
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QLawyer. Contact a labour union in your sector and approach the lawyers they use to file a complaint in the Labour Court. Most companies will settle if you put up enough of a fight. You won’t get an apology or anything but a settlement could get you some cash.
If you’re up for it, litigate it all the way and make them suffer a bad judgement which you should then ensure is published.
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DWhat courtroom batman are you? She has resigned, not terminated.
Litigate, litigate. The poor thing already is struggling with a disease and now out of job
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QDoesn’t matter if the resignation is forced. If she has the evidence to show a backdrop of actions that forced her into a spot where the Co gave her an option between being terminated and resigning she has a case.
If she wants to do something about it, she can. If she wants pity from you about her illness and unemployment she’s welcome to it.
OP should contact a lawyer from a union (like the IT ES workers unions in Hyderabad and Bangalore) and get a lawyer who will fight her case for a low fee.
The rest is up to her, I don’t see why it’s any of your business tbh. If you’re feeling so bad you’re welcome to use that NRI money to help her out.
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DThe company wanted to terminate her means they had all things to show cause.
My issue is you trying to send her on a wild goose chase where odds are stacked up against her. Bad advice is the worst.
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