- This topic has 3 replies, 2 voices, and was last updated 1 year, 3 months ago by
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UHi everyone,
I recently resigned from my organization, where the notice period is 90 days. I agreed to serve the full period as per company policy. However, my employer has denied my variable pay, which was never subject to any conditions in my offer letter or increment letter. No prior communication was made regarding ineligibility, yet HR is now saying I’m not eligible “as per company policy,” which was never documented or disclosed.
To make things worse, after serving 50-60 days, the company suddenly informed me on March 5th that my last working day would be March 7th—just two days’ notice! This is completely contradictory to their earlier confirmation of a 90-day notice. I had planned everything accordingly, but now they are saying it’s a “company decision” and I have no say in it.
I believe this is unfair, and I want to pursue legal action to claim my variable pay and challenge their sudden change in notice period. However, I am unsure about the legal procedures.
Has anyone faced a similar situation? What legal steps can I take? Are there any employment lawyers who can guide me on this?
Would appreciate any advice or references!
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VCheck your employment contract and the company policy on Notice Period and Variable Pay.
Your employment contract would give the right to the company to change the policy as they deem fit.
But this needs to be communicated to the employee.
Also, usually Variable Pay is not given to those who on the date of disbursement (date when bonus and appraisal are paid) are serving their notice. Shady but quite widespread practice.
If the HR cities company policy ask them for a copy of it and if it has been revised check it’s effective date.
You certainly can litigate this but conduct a cost benefit analysis before taking any action.
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UThanks for the response.
I’m leaving the notice period part.
But in the case of variable pay, there are no conditions mentioned in my appointment letter and increment letter, but after resignation they are saying that they have a variable pay policy. As per that policy I’m ineligible.
Without informing the employees, can they change their policies?
What can i do now?
Any idea?
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VAsk them for a copy of the policy.
That document will have a date which specifies when it was revised.
If the effective date of the revised policy is post your termination you could challenge their decision.
Wording of the policy also matters.
So read that and ascertain the Effective Date of the revised policy.
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