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(Guest)

Terminated from job : found doing freelancing for competitor

Dear sir/madam, Kindly help me with this issue. I had been working with an organization since 2+ years. Accidentally I had been terminated from job for doing freelance work to competitor. And utilized employer computer for accessing files. I had not disclosed any company policies or data. After 2 Months of suffering. HR wrote an email stating i had been terminated and no benefits will be given which include last month salary, and 1st years bonus. PF for the last 2years has not been deposited. They stated No reliving letter or experience letter shall be provided.as we write it as mis conduct or terminated. Which is of no use for my career. They want to end my career ? I'm still young and they din't give me a chance. Please help me to find a job. I'm feeling depressed and feeling guilt.


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 11 Replies


(Guest)
I request each individual who are in this community... Let me find a solution. How to approach the company for a formal relieving.

P. Venu (Advocate)     02 October 2017

What is the ground stated in the termination letter?  Is there an allegation as to misconduct?


(Guest)

(Guest)
Dear Vamshi With reference to your admission of criminal breach of employment agreement after being caught with substantives proof of working for competitors firms from our office premises; collaborating with ex-employee and working freelancing with him, meddling with quality of our project deliveries and misusing office asset for personal gain, we hereby terminate you from our employment effective 25th July 2017. Though your action is directly relates to criminal proceeding as per the various sections of laws we have not immediately initiated any legal action. But this does not stop us to take such action in future if we find new findings of misdeeds on your behalf . Please be informed that our inaction now on the issue should not be construed as a waiver or acquiescence of our right to invoke legal proceedings in the matter. Therefore, we advise you to refrain from making any comments, derogatory or depreciative to the company on social media and other public forums. Further you will be still bound by the company�s non-disclosure/non-competitive clauses of the letter signed by you dated 10/06/2015 and 23/02/2017. We reiterate that any further misdeed from your side which involves breach of confidentiality provisions or lowering the reputation or goodwill of the company will lead to strict legal action, without prejudice to our right to recover consequential financial losses sustained thereby from you and persons acting at your behest

(Guest)
Dear Vamshi With reference to your admission of criminal breach of employment agreement after being caught with substantives proof of working for competitors firms from our office premises; collaborating with ex-employee and working freelancing with him, meddling with quality of our project deliveries and misusing office asset for personal gain, we hereby terminate you from our employment effective 25th July 2017. Though your action is directly relates to criminal proceeding as per the various sections of laws we have not immediately initiated any legal action. But this does not stop us to take such action in future if we find new findings of misdeeds on your behalf . Please be informed that our inaction now on the issue should not be construed as a waiver or acquiescence of our right to invoke legal proceedings in the matter. Therefore, we advise you to refrain from making any comments, derogatory or depreciative to the company on social media and other public forums. Further you will be still bound by the company�s non-disclosure/non-competitive clauses of the letter signed by you dated 10/06/2015 and 23/02/2017. We reiterate that any further misdeed from your side which involves breach of confidentiality provisions or lowering the reputation or goodwill of the company will lead to strict legal action, without prejudice to our right to recover consequential financial losses sustained thereby from you and persons acting at your behest

(Guest)
Dear Vamshi With reference to your admission of criminal breach of employment agreement after being caught with substantives proof of working for competitors firms from our office premises; collaborating with ex-employee and working freelancing with him, meddling with quality of our project deliveries and misusing office asset for personal gain, we hereby terminate you from our employment effective 25th July 2017. Though your action is directly relates to criminal proceeding as per the various sections of laws we have not immediately initiated any legal action. But this does not stop us to take such action in future if we find new findings of misdeeds on your behalf . Please be informed that our inaction now on the issue should not be construed as a waiver or acquiescence of our right to invoke legal proceedings in the matter. Therefore, we advise you to refrain from making any comments, derogatory or depreciative to the company on social media and other public forums. Further you will be still bound by the company�s non-disclosure/non-competitive clauses of the letter signed by you dated 10/06/2015 and 23/02/2017. We reiterate that any further misdeed from your side which involves breach of confidentiality provisions or lowering the reputation or goodwill of the company will lead to strict legal action, without prejudice to our right to recover consequential financial losses sustained thereby from you and persons acting at your behest

(Guest)
There's an internet issue for several posts posted. Sorry for that.

(Guest)
Company is not providing any certificates ; how to approach them. How to get a proper relieving and experience letter.

P. Venu (Advocate)     02 October 2017

Why you are revealing the facts piecemeal? Please make a consolidated posting.

Kumar Doab (FIN)     03 October 2017

Service Certificate has to be issued to all employees.

Per aplicable enactments at the time of dismissal.

 

Kumar Doab (FIN)     03 October 2017

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


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