Hi,
In a wrong termination what are the reliefs that an employee can demand from an employer in a legal notice ?
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Hi Manjunath,
A legal notice is served by the aggrieved party to notify the receiving party furnishing the facts and grounds on which such party is aggrieved and seeks relief within the stipulated timeline. It also alarms that if the receiving party fails to remediate the aggrieved party, legal action may follow.
The receiving party if accepts completely or partially the allegations made under such legal notice can initiate a discussion to settle the dispute.
If the receiving party denies the allegations, can serve a reply notice countering each of those allegations clearly.
With regard to what reliefs can an employee demand against wrongful termination, it depends upon the nature of such wrongful termination.
It can be looked at the other way round as what are rights of a wrongfully terminated employee; the rights are:
- Right to receive the termination notice
- Right to be heard
- Right to lawful payouts with interests as applicable
- Right to continue the service
- Right to sue/conduct inquiry
- Any other relief depending upon the nature of wrongful termination (e.g. if the employee has been defamed or any compensation may not be sufficient for certain losses)
Lastly, in a legal notice, the aggrieved party may claim any relief and the receiving party may deny and place its counterarguments. Whatever has been specified in a legal notice need not be accepted. If the employer has valid reasons/grounds, it can be placed in the reply.
It is up to the court of law to decide what will be the appropriate remedy based on the complaint, facts, and circumstances of the case, and the loss incurred by the party.
Hope the above helps.
Regards,
Bhuvana Anand
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