Hello, I was working with a travel agency based in Pune since last 7 years & recently terminated from employment wrongfully by the company. Now I am looking to file a case in court to fight this wrongful termination. However, recently I got an email from HR team asking to provide my correct bank details so that they can send me my Full & final settlement amount to my bank account. I am confused on whether to reply to their email and take the FnF amount because I am not sure if taking FnF money from the company is going to make my case weak or affect my case later when I file a case in court for wrongful termination. Hence Kindly advise me if I should take the FnF money from my company or not?
Dear Client, As per your query, the first step is to carefully check whether the company is asking you to sign any document that includes any language indicating that you waive any legal claims or agree to the termination. If you find any such terms, do not sign any such document or respond to the email. If there are no such terms, then you may respond to the email requesting FnF and explicitly state that you are accepting the settlement amount only towards dues word to you for work already performed by you and that accepting FnF does not mean acceptance of the termination or waiver of your right to pursue legal action. After you have secured the settlement amount, you may approach the Labour Commissioner under Industrial Disputes Act, 1947, challenging your wrongful termination. Hope this answers your query.
Dear Sir, The Indian Courts not encouraging such suits on the grounds of wrongful terminations and such suit may run for 4 to 5 years. Better take amount offered by the company and start your new career in your new company.
It all depends on whether you fight for the wrongful termination or want to take fnf amount and search for a new job. Court cases are long and involves time, energy and money
