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Practice Area

Wrongful Termination

Wrongful Termination is defined by statutory non-compliance and violation of natural justice, not employer discretion. Employers must follow notice, compensation, inquiry, and anti-discrimination safeguards under the Labour Codes. Any deviation—be it arbitrary dismissal, retaliation, or denial of statutory benefits—can be challenged before labour courts, often resulting in reinstatement and back wages.

01

No Statutory Compliance

  • Termination without one month's notice or wages in lieu
  • No retrenchment compensation (15 days' average pay per completed year of service)
  • No prior government approval for establishments with 100+ workers
02

Discrimination

  • Dismissal based on caste, religion, gender, disability, or union activity
03

Retaliation

  • Termination for filing harassment complaints (POSH Act, 2013)
  • Dismissal for whistleblowing or raising wage/safety concerns
04

Procedural Defects

  • No fair domestic inquiry before dismissal
  • Violation of principles of natural justice
05

Denial of Statutory Benefits

  • Termination without settlement of PF, gratuity, maternity benefits, or ESI dues
06

Constructive Dismissal

  • Hostile work environment forcing resignation
07

Violation of Public Policy

  • Termination during maternity leave, lawful strikes, or while availing social security benefits
08

Remedies for Employees

  • Draft email and responses for employees raising the issue
  • Reinstatement with back wages (common in labour courts)
  • Compensation: back pay, gratuity, PF settlement, damages
  • Punitive damages if employer acted maliciously
  • Escalation to Labour Commissioner, Industrial Tribunal, or High Court
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* An estimation extrapolated from operating account data as of June 29, 2024.

** As of June 29, 2024.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the United States (source: 2023 Clio Legal Trends Report).

**** Reviews may be lightly edited for length and/or clarity. Stock images may be used.