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AnshS   25 July 2015

Full n Final settlement

I joined a big MNC in Jan 2013. I continued till Dec 2013 when a FIR got lodged against me u/s 304B due to my wife commiting suicide. As a result, I need to go to jail and didn't got a chance to resign. I got a bail after an year but in the meantime, my organization terminated me due to absence from my duties. Although I informed them about the incident and my inability to come to office via email and later also had telephone discussion with my manager and HR. Now after I came back, I completed my exit formalities and got an experience letter too. Now they have sent me a full n final settlement bill where they are asking me to pay one month salary as I didn't served notice period. There was one month notice period in my organization. What should I do now? Whether to pay them, or It can be waived off as I was in a situation where by no means it was possible for me to continue. Also I never resigned, they have terminated me and I am also ready to join now. They don't want me to join, so is it OK if I don't pay, what can be the consequences? Will it have any effect on my future endeavors? Or an experience letter is enough for me to move on?


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 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     25 July 2015

Hello!

 

First you were arested by the police and hence you did not abscond from your job nor you resigned. Hence, there is no question of paying any money to the Company as demanded by them.

 

Secondly, they are bound to pay you for the period you were attending the office. you may serve legal notice upon the company through an Advocate for using arm twisting techniques against the employee.

 

Regards,

Adv. Rohit Dalmia

9324538481

Mumbai

AnshS   25 July 2015

Thanks Rohit for your valuable suggestion. I need another advice. Can it create any problem during background check while i join some other company?

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