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Madhu (Self Employed)     21 March 2015

Defamation suit against it mnc

Dear Sir/Madam

I ,worked in USA for a consulting company for three years from 2005-2007 .Due to non payment of my salary as per Labor Condition Application (LCA), I had to file a case against my Employer with Department of Labor  in Dec 2006 and then as my visa was about to expire  on Oct 2007 ,I flew back to India as I had no chance to renew it because of the ongoing issue .

Then I joined  a IT MNC in Pune as Associate Consultant  in GCP ( Global Consulting Practice ) with an offer letter and annual package of appx 12 Lakhs per Annum .

 

It may be brought to your notice that all software companies and particulary MNCs have a practice of performing background check on the new recruited employees  so  am I .

It was outsourced to a third party company and when it contacted my previous employer in USA , the employer retaliated mentioning that I never worked for his company even though I was on his pay rolls.  Within hours of  the outcome of the background check ,I was called to the HR/Admin  Office  ,Pune in April 2008, and was forcibly made to resign with a letter in writing that I was resigning from  the company  because of my background check has resulted in negative .

The Company was not willing to listen to my defense on the same .I had no choice but to resign on the spot. I tried to contact my supervisor and global head of  my department  but they paid a deaf year .

I had no option to file a case with  IT MNC at that time because of my ongoing earlier case with Employer in USA  and judgement pending .Now ,that the Final Decision and Order was released on  in Feb 2015,by the Highest Court ie Admin Review Board in my favor , I would want to appeal to IT MNC   not for   reinstating my employment primarily but to show cause as to why I had been removed without probing into the matter and why I was not  given enough time to prove my innocence in the issue .

Can I appeal  to this IT MNC   asking  a monetary claim for the  damages in terms of my  career

 /employment from 2008 till now based on my recently released US Court Order ?

 

Please suggest me ..

 

Thankyou

 

Madhu



Learning

 3 Replies

Kumar Doab (FIN)     21 March 2015

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Defamation-suit-against-it-mnc-118342.asp

Madhu (Self Employed)     22 March 2015

Hon Attorneys I am thankful to each one of you responding thru the forum / privately or contemplating to guide me in the matter . Iam responding to each of the query Hon Kumar Doab raised 1.Did you submit in writing to the Indian Employer that the statement of USemployer is false and you should be granted opportunity of natural justice and they should recheck on the false feedback? Or do you have any evidence that you did so? A: No.I did not 2. Did you state that you were forced to write a resignation and forced to write a statement that your BGV was negative? A: Yes , I was forced to write a resignation letter stating that I was resigning from the Pune based IT MNC due to my negative bgv (or false feedback provided by my previous employer in US .You may agree to the fact that it was none other than a retaliatory act by the US company). 3. Did you demand of the BGV from the employer? A: No Sir , I did not .I was utterly shattered and shocked with the sudden act of this MNC . I was attending my office at Hadapsar in the morning .Received a call and was asked to Visit the HR /Admin Department in different location at evening hours . The company was not willing to hear to my defense.I pleaded that I would support them with all evidences ie ,my employment letter with US company ,H1 B Visa stamping, approved Time sheets Signed by Supervisors at client locations in US . They would only disagree and neither they were willing to investigate into the matter themselves before taking a disciplinary action against me . They could have done the same, could have taken time to probe . 4. You should spend quality time with a lawyer/Law firm well versed with such matters/Labor Law/Service Matters/defamation/discriminatory retaliation etc………show all docs on record and proceed further under expert advise of your counsel. A: Yes ,I am willing to engage a counsel for this matter . 5. Your counsel can also advise you if the matter is not barred by limitation. You seem to have a score against US employer that made a false declaration as it not employed you but faced and lost a case related to your employment……………. A: As for the statutes of limitations are concerned, my forced resignation was completely based On the false feedback of my previous employer . The false feedback says that I never worked for that company in US. The Final Decision and Order by Hon Admin Review Board releases in Feb 2015 says that the US company has to pay me My salary until Oct 2007 which also is an indication that I was employee of the same company until then . My H1 B Visa was expiring on Oct 1st 2007 , I didn’t have choice to work further in US because of the ongoing trial . I had no other option but to leave the country .I came back to India ,started attending interview calls .After several rounds of interviews the Pune based IT MNC offered me employment on Nov 15 th 2007. I was working until 1st week of May 2008 and then my resignation was enforced . I was to carry the burden of proof before the Pune Based IT MNC . Based on the most recent Hon Admin Review Board’s Final Decision and Order , I would want to file a civil or criminal defamation case against Pune based IT MNC . I would argue that the statute of limitations would start from Feb 2015 as the resignation was based on the false feedback of US company and this Final Decision and Order is a proof that I was employed with US company until Oct 2007 . Please correct me if Iam wrong Thankyou Madhu

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

As rightly observed, you have once again repeated the same query in this thread too, may be out of curiosity to extract more opinions, but see you are wasting your time by doing this repeatedly.


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