termination with absconding
Querist :
Anonymous
(Querist) 15 June 2010
This query is : Resolved
I have been terminated with absconding reason by a company. Here is my case. When i joined the company it had 1 month notice period. We could adjust the notice period with earned leave if any. The company was taken over by another company . After the take over the notice period became 2 months and termination policy also got changed. I got a good offer in another company and i decided to quit as there was no career progression. I asked my manager to relieve me by 15 days even though the notice period was 2 months. i tried convincing my case to relieve me and i asked them to give me notice period buy out option which was available in the voluntary termination policy of the company. The HR did not agree to it. My resignation was accepted with 2 months notice. My salary was put on hold. In the meantime management found a replacement who could take care of my work. I transfered my knowledge to that person as requested . After 15 days i gave my id to the admin department and did not have dues from my side and left. I even wrote a letter to HR saying that i will not be available to work after 15 days and asked them to settle my dues. 4 days after i left the hr sent a telegram to report to work and terminated my employment with absconding reason. The company claimed a notice period recovery amount for 59 days and it will not give last month salary, gratuity , allowances and earned leave encashment, relieving letter and experience letter stating that for absconding cases no final settlement will be made as per termination policy . I think the whole process followed by HR was unethical as i had made sure everything was done from my side ethically and sincerely except i could not complete the notice period as required . Is there a way to get my final settlement, gratuity and experience letters by legal means in my case?
Raj Kumar Makkad
(Expert) 15 June 2010
Issue a legal notice through a counsel to your company and then file a civil suit. Your case shall definitely succeed.
