crystal (Manager) 11 June 2013

Employment - forged letterhead -visa

Dear Madam,

I used a travel agent to get a tourist visa to Ireland. Agent used my current companies forged letterhead to show my experience and say that I am on a holiday on so and so date to get visa. Ireland Embassy contacted company HR instead of person on salary certificate and started looking for manager name who never existed in the company. My Ireland tourist visa is denied and the company legal team decided its criminal act/forgery and what not and decided to sack me though I am a star performer in the company.

I know laws in India are different. I checked online and stumbled up on following links about forgery from UK.

https://www.justanswer.com/uk-immigration-law/6hmz7-hello-think-someone-forged-signatures-office.html

The following link USA defining forgery:

https://www.legalinfo.com/content/criminal-law/crime-overview-forgery.html

The company HR sacked me without a notice not thinking about my survival in the coming months with out a job and didn't even provide me an experience certificate that I worked for the company. What can be done in my case? Is forging company letter head really a criminal case where I have not fraudulently represented the company?

-s kumar

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2 Replies

Hemang (Advocate) 11 June 2013

The company has two options. One is departmental inquiry and another is to criminally prosecute you so as to bring you to book. Since, you are sacked from employment, there would be no question of any departmental inquiry. But, the company may prosecute you for the offence. As far as your employment is concerned, you can raise a dispute saying that the summary termination on the ground of alleged misconduct is null and void.

Sudhir Kumar, Advocate (Advocate) 12 June 2013

Though you have not stated so, it appears that you were employed in India.

Nobody will believe that the tarvel agent used forged letter head of your company, without your knowledge andsonsent and nobody will also believe that you intended to migrate on tourist VISA like many indians do.

No foreign law will apply here.

If you are Indian citizen you are liable for crimes under IPC even if committed from abroad.

why you are confusing about the links of forgary in other countries. Indain Police is smart enough to get confession from you before midnight and recovery the exhibits before sunrise and get further remand to investigatge as to how many such roged VISA were arranged by this agent and in how many cases you helped him. For them it is not first case and for you it may not be the last case.

For securing prosecution all you have to do is to annoy the copmpany. You can do so by going to court to challange your illegal termination without inquiry.