Termination of services with any reason.
Deepak
(Querist) 28 September 2012
This query is : Resolved
Dear Experts good morning,
kindly assist me in the matter mentioned below so I can go ahead with filing a case. This is an email sent to the head of hr in my current employer. I had attached all the required proofs. My current employer is not willing to share anything :
Few days back I received a dispensation letter from HR. The basis of which has not been shared with me. My boss & a HR lady called me & told me that since the feedback from my previous employer is negative hence they want me to leave immediately. I was asked to leave my office immediately & I should not come again to office again, hence I have not gone to office for last 2 days.
My boss & a HR lady informed me that someone from my previous employer has complained about me that I did some FRUAD.
Sir, will my employer give me entire PF AMOUNT along with GRATUITY AMOUNT, 3 MONTHS’ SALARY & most importantly my RELEIVING LETTER. Will a company relieve me if I have done any FRAUD? Will a company call me FRAUD after 2 years? If I was involved in some FRAUD then my previous employer must have sent me some notice etc but I have not received anything till date. I have attached my Relieving of my previous employer for your kind perusal. Kindly let me know if more proofs are required & I will send you my F & F sheet & Termination of Services from my previous employer due to restructuring letter. I have also attached the mail regarding submission of official laptop post leaving my previous employer . Is a FRAUD treated in this professional manner?
My previous employer would have definitely issued a show cause or some kind of written notice to me for the FRAUD I committed. My current employer should not believe an individual’s statement & take action against me.
Sir, if my verification had been positive in the first attempt made by My current employer then how it can be negative in the next attempt.
Sir, is it that big a deal that I can’t even be warned but instead simply terminated. Sir, if it is such an issue which can spoil my personal life & professional life then I think I have the right to see it & pursue it with My previous employer. In this manner I cannot ever get a job.
Sir, at least I should receive intimation (in writing) from My current employer which states that I am not fit for My current employer. In case if I want to verify & pursue the same then how will I be able to do it with My previous. That mail or notice should be shared with me. I requested the same to My boss & a HR lady but they have not shared anything. My boss & a HR lady the names of people who have sent that mail or notice which states that I am a FRAUD. I will not be able to pursue anything which is in verbal form. When I enquired from My previous employer about the same they said they do not have any idea about the same. So, kindly share that document with me which states that My previous employer has terminated my services as I am FRAUD. This is the most derogatory term for a professional person.
Sir, even my Aug 2012 salary is stopped. I received a sms from My boss & a HR lady that it will be paid in my F&F. I have worked for the entire month then how can my salary be stopped on the 30th of the same month without even informing me the reason for the same. Sir, I am in real need & urgent requirement of my salary.
Sir, how can My previous employer inform Kotak after 2 years that they have somehow come to know of a FRAUD done by me? My credentials were checked in my previous job with another company where i worked for over an year which was after My previous employer. My last employer also enquired all the things but now all of a sudden My previous employer has realised its mistake. Sir, it is a personal vendetta against me.
I informed my currrent employer that me & my team were terminated or asked to leave due to access manpower & restructering.
Sir, with folded hands & with all politeness, I want to know that if my current employer wanted to throw me out in just 2 months then why did they hire me in the first place. If I am thrown out after 2 months, where I will go, what I will do, how will I survive.
Sir,
" My services were with my previous employer were till sep 2010. During this tenure no such activity was done. I was given everything which a loyal employee is given at the time of separation. After this I worked with another employer for more than an year, after which I joined my current employer. How can my previous employer claim that I did fraud after this period & my current employer has believed the same.
My current employer should have considered the feedback till sep 2010 from my previous employer. "
Correct me if I am wrong but if an employee is bound by some contract (confidential clause), then at the time of exit of that employee that agreement turn null & void. After which a company cannot claim that the concerned employee did something against the guidelines of his previous company which he has left 2 years ago.
I am banking on you for further advice & guidelines “.
Regards,
Deepak
Bhawani Mahapatra
(Expert) 28 September 2012
Dear Deepak
Don't be so hopeless. If you have talent, there will be no scarcity of jobs for you. You may have to wait for a month or two. You are not the only victim of today's corporate politics. You may be thrown out without your fault in corporate in order to save other or to hide your senior's fault.
Now a days there are many so-called big bosses working in different corporates, coming from reputed business schools of the country like IIMs, but lacks basic practices that are prevalent in field, for which they failed in their target/achievement. As a result of which many innocent down line employee suffers a lot and in most of the time loose their jobs. This is what presently going on in corporates. You might be one of such victim. As you told, if your current employer has excess manpower, what made them to hire you ?? Means they don't have clear vision what they will do ?
Just believe in hard work and go on.
Best of luck.
Deepak
(Querist) 28 September 2012
Dear Mr Mahapatra good eveing,
I appreciate your suggestion & motivation. I agree 100% with you. Today's corporates dont have any heart. The day is not far when young employees will turn rebellious.
But Sir, the question I asked was that How can my current employer terminate my services without even sharing the details with me & without even giving me a chance to prove myself.
My currnt emplyer has believed the feedback of my employer with which my services ended in 2010. After which I was employed somewhere else.
My 2010 employer has given me everything including Relieving, now how can they report something negative to my current emplyer.
Regards,
Deepak.
Kirti Kar Tripathi
(Expert) 29 September 2012
What was your nature of job and what were your responsibilities. The lenght of service you rendered with this employer. Further terms and conditions of your appoinment are also required to give proper answer.
Bhawani Mahapatra
(Expert) 29 September 2012
Dear Deepak
Unless I go through in detail, your employment agreement, Its difficult for me to explain your query. However all most all company/employee have common format of agreement, which are unilateral in nature and the employee without going thorough it (not their fault) just sign it.
I want to summerise your problem which are now common and prevelent everywhere through a story.
Once SONIA GANDHI, L.K. Advani and Laloo Prasad Yadav were
travelling in an autorickshaw. They met with an accident and all three of
them died.
Yama Raja was waiting for this moment at the doorstep of death.
He asks Mrs GANDHI and Advani to go to HEAVEN.
But, for Laloo, Yama had already decided that he should be sent to HELL.
Laloo is not at all happy with this decision.
He asks Yama as to why this discrimination is being made. All the three of
them had served the public. Similarly, all took bribes, all misused public
positions, etc.
Then why the differential treatment?
He felt that there should be a formal test or an objective evaluation before
a decision is made; and should not be just based on opinion or pre-conceived
notions.
Yama agrees to this and asks all the three of them to appear for an English
test.
Mrs GANDHI is asked to spell " INDIA " and she does it correctly.
Advani is asked to spell " ENGLAND " and he too passes.
It is Laloo's turn and he is asked to spell " CZECHOSLOVAKIA ".
Laloo protests that he doesn't know English.
He says this is not fair and that he was given a tough question and thus
forced to fail with false intent.
Yama then agrees to conduct a written test in Hindi (to give another chance
assuming that Laloo should at least feel that Hindi would provide an equal
platform for all three).
Mrs GANDHI is asked to write "KUTTA BOLA BHOW BHOW". She writes it easily and
passes.
Advani is asked to write "BILLY BOLI MYAUN MYAUN". He too passes.
Laloo is asked to write "BANDAR BOLA GURRRRRR.... ."
Tough one. He fails again.
Laloo is extremely unhappy.
Having been a student of history (which the other two weren't),he now
requested for all the 3 to be subjected to a test in history
Yama says OK but this would be the last chance and that he would not take
any more tests.
Mrs GANDHI is asked: "When did India get Independence ?". She replied "1947" and
passed.
Advani is asked "How many people died during the independence struggle?".
He gets nervous. Yama asked him to choose from 3 options: 100,000 or 200,000
or 300,000.
Advani catches it and says 200,000 and passes.
It's Laloo's turn now.
'
'
'
Yama asks him to give the Name and Address of each of the 200,000 who died
in the struggle.
Laloo accepts defeat and agrees to go to HELL.
Moral of the story:
IF YOUR MANAGEMENT HAS DECIDED TO SCREW YOU, THERE IS NO ESCAPE. .... :-)
K.K.Ganguly
(Expert) 29 September 2012
Very well said. It is a fact that our law is not employee friendly. If you do not have financially strong back ground to withstand the long lasting legal battle, think twice before opting for it.
RAJU O.F.,
(Expert) 30 September 2012
Thanks to Mr.Bhawani Mahapatra for good story. Dear Deepak, This is the fate of youngsters who obtain easy jobs. Your legal rights are depending on the contract of employment if any available with you. Without much worry and tension, you join some other company doing similar business. It is not difficult for an educated person of hard work to get a good job in a city; try for that and forget the unpleasant past. Legal remeady may be costly, time-consuming and tense.
Deepak
(Querist) 02 October 2012
Dea All learned & esteemed gentlemen good eveing.
I am really happy to see your support & I really appreciate the same.
Dear Mr Mahapatra,
well said.
But still a querry reamins unanswered.
I forget my previous job & find a new job somewhere else. But what if my employer whom I left in 2010 again gives a false feedback to my new employer then I will loose that job as well.
They had given me all the proofs which a loyal employee receives at the time of separation but now they have back tracked on that. Kindly suggest.
Regards,
Deepak.
Bhawani Mahapatra
(Expert) 04 October 2012
Mr. Deepak
Don't think in that way. Nobody joins a corporate to retire. If I ask : whats the guarantee that the person who had given false (?) feedback to your present employer will continue till you join the next job. Whats his interest doing so ??
Don't hesitate and go ahead. Best of luck.
