Affidavit Of Termination Of Employment: Fill & Download for Free

The reasons for terminations are best known to the companies themselves, but i am sharing the remedies available in case of an employee is terminated without any justifiable reason.I writing below in good faith, in the interest of an IT employee.As the managements are in high rank than an employee, i suggest the employee to be patient and bare for sometime even though the management is wrong and try searching for job in other companies and once you get an offer leave your company. I am suggesting this approach because no pain is bigger when it is compared with termination.When it comes to Indian Law, Termination will be called as bad in law, courts strictly discourage this practice as it impacts the livelihood of a person and his family.As far as of my knowledge Labor Law won't apply for majority of IT employees as the employees get paid more than 30k per month.Employees have to take remedy under Civil Procedure Code, 1908.I have seen many court judgments where they ruled in favor of employees as the employers failed to justify the termination and also failed to provide reason with strict proof for terminating the employees.1. Many employees in India are not aware of what legal remedy is available to them and how to approach.2. Due to huge number of cases registered, Indian legal process takes its own sweet time, so employees refrain in approaching courts.I have seen 2 types of companies, in first type, where the terminations are more because there is no strong legal department in company and further HR's act as puppets to managers, in second type where terminations are few, HR's apply their intelligence while dealing with employee matters and legal department in company is also strong.As per any company offer letter either party can give notice and can fairly come out of the agreement but still some of the companies resort to unfair practices and enforce employees to resign through verbal threatening for the best reasons know to them.Even though employee resigns due to HR threatening still they can approach court for remedy.I will give 2 examples of termination which failed in court just to give strength for those employees who are aggrieved by their employers.A well known company to any IT employee in India, has sacked a pregnant women during layoff, she approached court and when the company was summoned by court, accepting the fault the employer given affidavit to the court that they are taking back the employee.2. In another incident, a well known company to any IT employee in India, sacked employee on the basis of performance, the employee approached the court, the court summoned the company and asked the company to submit the performance documents of employee to the court. The company instead of providing documents, argued in court of law that this court is not having jurisdiction to trail the matter.The court ruled in the favor of employee and asked the company to re-instate employee back with wages and also provide him with other consequential benefits such as promotion etc...What happens when one approaches court in termination matters, firstly the court summons the defendant party and gives them reasonable opportunity to justify the termination.First case let's take employee has done some wrongful act in company,1. What was the wrong committed by employee. What is the punishment given to employee. If the employee is proven wrong, then the court sees whether there are any other lesser punishments can be given to employee other than termination based on gravity. If there is any other punishment available, then the court rules the employer to award such punishment to the employee and revoke the termination.Second case where employer terminated without any justifiable reason,2. What was wrong committed by employee. Court validates the justification provided by employer, if the court comes to the opinion that employer has terminated the employee with baseless reasons, just to frustrate and impact his livelihood, then the court rules in favor of employee with all consequential benefits.All the views expressed in the above are in good faith, in my personal capacity with knowledge at my command.

Under the Fourth Amendment, a search warrant may only be issued upon a showing of probable cause. This may be provided by an affidavit or, occasionally, by a statement. (I’ve had judges sometimes ask me questions to clarify the affidavit and have obtained telephonic search warrants where that was permitted.) Either of these is a sworn statement and knowingly falsifying a statement is perjury, which is a criminal offense, generally a felony.A search warrant is considered valid on its face, and so may be executed. Once it comes out that there is a defect in the probable cause, its up to the court to determine the remedy. Most commonly, the evidence obtained pursuant to the warrant will be excluded, to the detriment of the prosecution. If the officer swearing to the probable cause is found to have lied, as opposed to a mistake of fact, he could be liable for prosecution, termination of employment, or other discipline.Police agencies take this sort of thing seriously. A cop who has been known to lie is a liability, since he is easily compromised in court. An officer’s history of untruthfulness is exculpatory evidence under the Brady Rule (Brady v. Maryland, 373 U.S. 83 (1963)) and must be disclosed. Officers/agents who have what’s called a “Brady Issue” either have to be terminated or placed in an assignment where they’re unlikely to have to testify in court.

WORK EXPERIENCE DOCUMENTS REQUIRED BY ACSCertified copy of your work references on company letterheadORThird party Statutory DeclarationsEmployment references must contain:1. Start & Finish Dates of Employment - if currently employed, your "finish" date can be written as the "To Date", but the job reference must have the date when it was written or it will be assessed as not suitable.2. Description of Duties Performed - required to determine the relevance to the nominated occupation3. Hours worked - Full time or Part time4. Country where Employment was Completed - if you have worked with the same company in different countries, the job reference must have the dates and locations clearly specified.5. Company Letterhead and signed by the authorIn additional to the above each Statutory Declaration must contain:All Statutory Declarations or Affidavits must clearly state that the document was "Sworn Before" or "Signed Before" or "Witnessed Before" the authorised witness by the referee and signed by the authorised witness, along with the date and place in which the declaration was witnessed.The Statutory Declaration or Affidavit must be written by a third party work colleague and NOT written by you, the applicant.A Statutory Declaration or Affidavit written by a work colleague needs to describe the working relationship with you and details of your duties performed with relevant dates of employment. It is preferable that the work colleague writing the declaration be at a supervisory level.All third party Statutory Declarations or Affidavits must include only one of the following:•Certified copy of Payslips – preferably first & last payslip•Certified copy of Human Resource statement or Service Certificate•Certified copy of Termination Letter with corresponding datesPlease Note: the ACS is unable to accept letters of appointment, self-statutory declarations or contracts as employment references.