Civil Procedure Code (CPC)

Termination after Resignation- Unique Case Study


 

Hi,

I would like to present you with a unique case study of an employee who was terminated after his resignation and the organization wants to recovere  90 days notice amount.

An employee of an US based organization operating in India resigned on 6th June 2011,  but his mail was not acknowledged by the HR. On 7th June 2011 in the evening he received a mail of termination and he was asked to handover company belongings on 8th June, which he did it promptly.

Meanwhile he got another offer and he joined the other orgnaization. The FNF was pending and none of the documents were given to the employee by his previous employeer.  After repeated request (reminders were given for 12 consecutive days) Full & Final (FNF) settlement document was given after 42 days after his termination/ resignation and 20 days after his first request for FNF.

          The FNF showed 3 months notice period recovery deducted from the total. When he contacted HR, they replied that “your notice period was of 90 days and since you left in a days notice and hence the remaining notice period has been adjusted accordingly”.

When he asked for documents supporting acceptance of his resignation they threatened to take legal action and further communication have stopped and the FNF procedure is incomplete. Meanwhile he had to resign from his new job as there was delay in getting the experience and relieving letter.

The US based organization operating in India has deliberately terminated him and now they are extorting 90 days notice period amount from him and unfortunately director of the organization supports the HR.

Kindly advice if there exist any possibility of legal action from the employees end and what action the employer can take.

Thanks in advance.

 
Reply   
 

Dear Jayendra,

As per my understanding if the employee didn't acknowledged and terminated means he should get the 90 days payment or you please mention the reason for the termination which they explained in letter.


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FIN

The employee has resigned from new job since he was not able to produce experience certificate/relieving letter.

It is believed that:

-employee has not inserted any reason like" since he is not able to produce experience certificate/relieving letter from past employer or Mr.......of new company has asked for experience certificate/relieving letter within dated...........and since he has not received it till date hence he is not left with any other option but to give up his employment.”

-and the employee was not asked in writing by the new employer to submit experience certificate/relieving letter from past employer with in dated...........failing which he can not be allowed to continue his employment.

The past employer has not served any show cause notice. It is believed no enquiry was initiated or pending against the employee. The past employer has directed the employee to submit company property and received it and subsequently supplied the F&F. The employer has collected the notice pay and has not raised any other claim, e.g. financial loss due to immediate resignation, assignments left incomplete etc.

The past employer has not supplied acceptance of resignation letter, and has HR guys have threatened the employee. It is believed that in the F&F has the past employer has not mentioned reason of leaving e.g. resigned or terminated. The past employer has not withdrawn termination order.

 The conduct of past employer is bad, and demonstrates stone cold, insensitive, zealous approach of HR towards employees who dare to leave the company. HR should be reasonable and balanced.

The maverick HR whosoever has processed issuance of termination order has invited trouble for the company. HR knows what they have done and that is why the threats are being issued as a tactics to deter the employee from lodging complaints with various lawful authorities. HR is deliberately sitting on issuance of letter of acceptance of resignation, believing that employee shall come running to them and shall not dare to lodge any complaint. They are operating like Bhai’s.

The refund of 90 days notice pay is no solution and relief for the employee. The employee should lodge complaint with:

-labor authorities and pray to close the Indian operation, and demand written apology from the company.

-SSP/Commissioner of police against threats, with names of the individuals who have issued threats on behalf of the company and its promoters. The employee should use his resources and mention the current and permanent address of individuals and make them face the consequences of the inquiry, even if they leave the company and join somewhere else.

-Registrar of companies against illegal practices of the company and pray to close the company, and demand written apology from the company.

-Concerned ministry.

- Any other forum employee can approach. e.g. mouth shut, social and legal forums, NGO’s.

Give them some task and make them run to every nook and corner. The employee should involve people of repute to drill some sense in the company and make them come out of the luxury of the office. The employee should circulate name and credentials of these HR guys and company to as many as friends/acquaintances, and comment that beware of…… ….and don’t join the company if he/she is there, consultants and mention that don’t promote their candidature since they are facing complaints of ……..at……….., and tell them the HR and company that he shall not mind to go to media and that his career is spoiled and nothing worse than can be done now. The employee should snub each effort of the HR and company to subdue him.

 The employee should contact a competent lawyer to draft his complaints and issue a legal notice. The competence of lawyer and firm resolve of employee can resolve the matter.


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Hi Kumar,

This would be very helpfull information to all the employees who are facing issues like this.

If only one employee would follow your instruction then many of the organizations would get the answer. This kind of HR are making very bad image of HR's in other's Eyes.

Kumar, could you please suggest for those HR who has to do this kind of activity forcefully by the management while his job is also in trouble if that HR supports employee or fight for justice for the employee????

 

 

 
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FIN

Employee in HR or in any other vertical can not be forced and should not be forced.

Whether on his own or under instructions or orders/coercion anyone who coerces or forces another employee to give up his employment, the onus is on the executor.

The separation is a process and process should be followed by the concerned HR employee, without adopting unfair methods.

If HR wants to help the employee in the process of separation then he can educate him on his rights.

If the environment is not conducive to continue the employment HR or any other employee can look for other ventures. There are companies with good HR practices. Good HR practices are also USP of good companies.Everyone should protect his rights. Be smart.

 
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Hi Kumar,

I do not wants to unnecessary argument but this information i am sharing to make others aware to get justice for one of my known to whom i heartly wants to help..

I know a person who did this and had been terminated/forced to keep the resign as well as they did case on that person that he has theft the company information/ some other reason and yes, he didn't got any documents from the organization. 3 years letter when he may win the case he would get the documents but what about his 3 years career and wastage of time just a shake of ego of that management? (He has sign some agreement but the matter is only our law which takes time to take decision)  

During the time he has joined somewhere else and same time this organization has sent someone at there and said to that management about all the matter and again he had been terminated. I know that person and he is very genuin and helpful and he personally threated by the management that we don't need anything we would just finish your career.

That person is now very frustrated and may select the wrong path. Few elders has made him understand and made him calm.

Can you suggest anything for him?

 
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FIN

The purpose is not to post arguments.

The employees need to be smart and manage the situations.

No one should be advised to act in haste, or instigated to initiate a battle, or frightened to forego his rights and dignity. You have pointed out in your post that HR is coerced or forced to obtain resignation. The HR personnel facing such situation should ideally change the company. A properly advised employee cwould know how to defend and may hit back.

The employee who is being forced/coerced to resign shall take final call. It is advisable to avoid conflict.

What happened to the false case of theft registered against your dear one for whom you have sought the details. Is it still going on? Has your acquaintance has been exonerated by court? Has the court left company directors unpunished? It shall be surprising if your answer is yes? Courts take a serious note of false complaints, and lawyers plead heavy punishment. Or is it that your acquaintance has not contested this false case of theft?

This has also happenned.

-Four Asstt. Sales Managers from one company resigned together since the conduct of BM, CM, HR and others was bad. BM and his superiors threatened them they shall be rather terminated. All 4 did not succumb to pressure and joined the other company. Previous company blocked F&F, acceptance, and experience certificates. BM, HR felt that now they are short of manpower and they did not have replacements. BM felt he   shall fall short of business of 4 managers and he did. BM and HR went to the next company and gave bad feedback to BM, CM, HR of new company. They were asked to resign. All 4 lodged case in court, with police, and contacted people of social repute, and their contacts in media. Many complaints were sent to MD of the previous company, HR against BM, CM, HR guys and they announced that all people known to them and their acquaintance shall boycott previous company. This BM, CM, and HR are out of the company and all 4 Asst. Mangers are settled.

-Production Manager of a company was harassed and his dignity was touched by HR and promoters. He passed on sensitive information to police and CBI. Company directors had to pay hefty monies to delay the proceedings and are still paying. Production Manager went to his home state, where big industrial zone was established and happily settled in MNC. He has not withdrawn cases filed by him, although company directors have offered apologies and money and job. HR guys were forced to resign.

-Area Manager was terminated because new Zonal Head and HR felt he is too senior and his package is high, and he delays the reports. Area Manager lodged case in court. After 1.5 years the company offered, to pay wages @ basic salary if he withdraws the case. He demanded reinstatement with full back wages and written apology. After 3 years company offered to pay 10 lacks, he demanded 17 lacks. ZM and HR were shunted out by the company. He informed everyone in their new company what kind of person they are. In new company many complaints were sent against the. They were shunted out. This ZM and HR guy are unsettled. After 3.5 years, the company offered to settle again. Area Manager has settled his family business of multi media and his sons are handling the business well. He has won the case with reinstatement with full back wages. Area manager is not at all loyal to the company now. He was the founder member of GILD of managers.

The trends in the industry are because many suffer in silence. There are many trades in which employees of private companies are also united and have unions. The directors of companies do not dare to remark that we shall finish your career.

The need of the hour is employee should become SMART.

 
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Hi Kumar,

I have forwarded this information to him and after reading he Immediately called me and given many many regards. I have given the name of real guide and he Thanked a ton to you and given regards.

The above information is very very very useful and motivational information.

I must say Thanks a ton to KUMAR and lawyers club.

 
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Dear Kumar I am also a victim in this line and fighting for justice for last 4 years. In my case I have resigned from the organization after getting job from a other Bank in a senior position. After my resignation I have given notice period of 45 days and also served the period. aftr that I have been threatened & my relieving ,experience etc blocked . Since banking industry do not take joining without relieving  I have filed a  civil suit demanding relieving from duty. In the court bank produced a  Xerox copy of a termination letter & stated that I have terminated on 04.09.2009 where as I was continuing office with all powers of BM   till 16.09.2014. Bank fled WS  in court where they have given affidavit that the so called termination was as per condition in Apointment letter where they are having rights to terminate any body without any reason. finally I won the case  . Bank went for 1 st appeal and again I won the appeal. now matter is pending at 2nd appeal  where they prayed that the case must be remanded to lower court as their  application for amendment of  ws is rejected by court as the application was filed after commencement of trail.  pls help & suggest



Attached File : 283704217 rsa no 309.doc downloaded 116 times
 
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Hello Sirs,

I am working in shipping & logistics industry since last 15years and I was offered by current employer 8 months back saying that we have a good opportunity for u and after that i came on board with this company. Ever since i joined here my immediate boss whom i m reporting has called me and said u do not have to interfere in some part of the business which he will take over. Local guy who was already there said i do not have to interfere in operations since he has signing authority and he is in contact with vendors and terminals. As per my offer letter 6 months will be my probation period but suddenly in 4th month only i got confirmation letter from H.O. (Chennai). Now after getting confirmation letter i got a call from my immediate boss saying that u need to look for new job in a month since he has tremendous pressure from top management. This company is passing through a very rough phase they never pays us salaries on time as well. Still January salary is yet to receive from them. I was quite happy with my previous employer and they have pulled me from there and now i m in very awkward position as i cannot found any job in a month's time as market is very tight and there are no new jobs. 

Hereby requesting u please advise how to co-op up with current situation, i think in a senior position where i am i atleast need 3 months notice to look for a new job, i also have some commitments i also have a responsibility of my family some loans are also going on how can i fulfull my monetory requirements.

Please help me in this regard.

Thanking you.

 

 

 
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