1] Have the documents in place :- If the company has asked you to leave for performance related issues, see that you have adequate documentation required to deal with the allegations. Also any rewards and recognition handed to you in the recent past can be used as an evidence that your performance was upto the mark.
2] Build up credible evidence :- Any photographs of manhandling by employer or any audio recordings will be admissible as evidence only if you get it properly verified in an independent lab prior to presenting it in the court.
3] Read the employment contract carefully :- A contract usually provides for a notice period or pay in lieu of notice. Hence, a company can merely pay you and ask you to leave within hours. Read the contract to see if you are eligible for both notice and payment.
4] Approach the labour commissioner :- An employee can approach the labour commissioner in the region to represent their side of the story and a possible solution.
5] Keep employer in the loop :- Even if you plan to take an action against the employer, it is advisable to inform them through a formal mail about your decision.
6] Stay away from bad mouthing the company :- Whatever be your grouches against the employer, it is considered unprofessional to bad mouth the company on a public platform or social media.
7] Approach industrial court to escalate the matter :- If a dispute has not been resolved within 45 days of moving the labour commissioner’s office, one can also move the industrial court of that region.
8] Be prepared to wait :- Court cases take time especially in the area of employer-employee conflicts due to a huge backlog of existing cases. Even if you have joined another company, a lot of time has to be invested in court hearings.
9] Keep a legal backup ready :- Though legal help is not necessary at the level of labour commissioner , it is advisable that employees take legal help, especially since companies come armed with their lawyers.
10] Out of court settlement could be easier :- Many employers choose to opt for out of court settlements since they are quicker and save the reputation of the company. If a company does give you this option, unless it has been a very unfair termination, it would be a good idea to go for this if the court case has been stretched for too long.
LABOUR LAW 