Company Denying Experience letter and Full& Final Settlement Company Denying Experience letter and Full& Final Settlement

1 year ago

I was working with an employer for more 1 nd a1/2 year. I had signed an Employment agreement which was to protect their confidentiality and non solicitation. I had clearly asked the HR if its a bond as it mentioned the term of the agreement is 3 years but it wasnt a fixed term contract and there were clauses for renewal of contract and resignation plus others, whereas the essence of the agreement was to maintain confidentiality and i cannot join any competitor for a period of 3 years and non solicitation.
recently few months ago the HR resigned and a new HR was appointed, she made a lot of changes in the organisation and made the environment toxic. I was into Sales profile working remotely from Mumbai and thus looking after clients in Mumbai. During my tenure i faced a client who did a fraud of Rs 18,00,000+. Although, he was marked as my client, i took the decision to approve him after approval from mangement. As i had inhibitions with this client and raised red flags before the start, but the management did not take actions and in result the client defrauded, i eventually saved the company from another 18,00,000 rs fraud from the same client. For the latter fraud I was made a scapegoat to hold my increment, appraisal and was termed as a low performer. Even though i had worked very efficiently my other performances which were not counted where i provided sales in Crore value to the company.

The fraud the client did was not my fault but it was the fault of the management who disregraded my inhibitions from the start, bt i had to work as the management wants, as i was not the decision maker. But as they wanted to blame for their shortcoming, they made me a scapegoat. Thus, unhappy with this situation and the way the management was working, i decided to pursue other opportunities and resigned on Decemebr 14th Informing my immediate manager and thus sharing resignation mail and marking CC to the Manager and Manging Director. The manager accepted my resignation over call and later in mail asked me to prepare all the Back up data which they will require, even the HR manager asked me for the same and I served my noticeperiod. During this period i continuously follwed up with HR manager regarding F&F and the later process, But she did not answer and gave excuses showing herself as busy, i worked till my last day and did field visit, provided company asset and data to the colleague and dropped a mail asking for Experienec letter and F&F. After a week she replies that i have breached the agreement and now asking me to collect all pending dues from client and then she will provide letter and F&F. In infomed her that i have not breached any agreement and i am not a part of the company anymore, but she is just misuning the agrement as a bond. I even raised the isuue to management, but they are not bothered. All this issue has led to mental stress and i am not aware how to get my money back which is in lakh. I informed that i will take a legal route towards this, to which she threatens that they will file for compensatory damages from me. Just making me scapegoat to not provide my hard earned money. Kindly suggest way forward to what action in need to take

Anik

Responded 1 year ago

View All Answers
A.Hello,
Ideally, if you have served the full notice period and have not breached any contract with your company , you should get FnF within 45 days of your last day.
If you have followed all terms, you should do the following:
1- Send mail to your HR & Manager asking for your full & final settlements.
2- If you don’t get any response within 1 week, send them a notice through lawyer. Your lawyer can help you to file a recovery suit in civil court.
3- File a detailed complaint at the local office of your ‘Labour Commissioner’. If satisfied, they can instruct your company to provide your FnF.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconLess Full and final settlement
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...