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Anonymous   19 September 2016

Advice

Hi All,

Before reading below I want to tell you do not judge me I know I did something stupid but I am not a bad person.

This all started a year ago I had a credit card issued to my name with me being the responsible party for payment this was a corporate card and my company policy clearly states that I should not be using it for personal use. I used this card for personal use and was not able to pay the balance, at that point I used paypal and other such services to withdraw from card to my bank for a little fee and used this money to pay this card. This kept on going for nearly a year until the outstanding balance was nearly 8L. Due to number of transactions and large balance my card came under company scrutiny. I should have confessed this to them before they found out but I was afraid. After an extensive inquiry and investigation by my company which went on for 2 months. I was called for a meeting and was informed I have also overstated my expense submissions to the company by 4L, honestly this 4L should actually be less that 50K as some of them were silly mistakes and one big item worth 3.05L was a charge which I paid to third party and provided receipt, they did reimburse me this a month before these investigations but now company claims there was no need to pay this.

This kept on going for some days and finally I sent a resignation on Aug 31st


I was called on 12th sept and was said my resignation cannot be accepted and I was given 2 simple options 1) get terminated, 2) pay 4L within 2 days to company and credit card is your responsibility and I get normal relieving and experience letters.

I was not in a financial situation to pay 4L in two days but with help from friends and family managed to pay by 14th sept, on multiple followups I was told relieving cannot be issued in a day or two but would need some time so they issued me a resignation acceptance letter on company letterhead on 15th sept. Below are the words-

“This has reference to your resignation letter dated August 31, 2016 regarding your resignation from the services of the company. 
This is to inform you that your resignation has been accepted and you are being relieved
from the services of the company on the close of working hours on September 15, 2016.
Your final account will be settled after clearances from all the concerned teams and completion of exit formalities”

On 16th sept they called me again to inform me that they cannot issue relieving letter unless I pay the card balance to card which along with interest is nearly 9.5L, I explained them without a job I cannot pay this and I cannot get a job unless I have a relieving letter but they seem not interested in listening.

I have worked extremely well for them in last 3 years and there are people in company at good positions who are helping me and I am trying to solve this in a friendly manner by keeping the communication open. Problem is the committee which inquired this case is not ready to listen to anyone including my supervisor and the director for whom I worked. This is a very reputable US based IT company.

What options do I have to get the relieving, due to outstanding credit card I am not able to get personal loans too.

I  only have resignation acceptance letter from them.



Learning

 4 Replies

Anonymous   19 September 2016

They are not listening anymore and they dont want to get involved with card, i asked for a service certificate if not relieving but i was told both would be issued in same letter once payment to card is clear.

Kumar Doab (FIN)     19 September 2016

Service certificate may be issued.

Pursue.

Otherwise as per language the acceptance of resignation may suffice.

Anonymous   22 September 2016

Hi all, i have further update on the same.

i was issued a resignation acceptance on thursday 15th sept and today they issued me a termination, this termination was never informed to me until today. All letters issued by company are digitally signed PDF like my resignation acceptance, but this termination is manually signed by hand, all communication was on email but they never informed about termination. Now this termination letter has a date of 15th sept, but it seems to me they delibrately signed it manually as digital signature will have real date and probably it would not be right to issue termination after resignation and its acceptance. I was promised a normal realiving after payment but now they gave me a new surprise. Is it legal to back out from a settlement which they offered me, resignation acceptance letter is a proof of their readyness to solve the matter by making me pay.

does it make sense to proceed legally? Please help/advice

Kumar Doab (FIN)     22 September 2016

You have posted that:

 

"This is to inform you that your resignation has been accepted and you are being relieved
from the services of the company on the close of working hours on September 15, 2016.'

 

Thus from the close of office hours of September 15, 2016, the employer-employee relation has ended.

 

" and today they issued me a termination,"

 

As already pointed above, if  employer-employee relation has ended, from the close of office hours of September 15, 2016, then how can termiantion ordee be issued today i.e. September 22,2016.

 

There are other issues of serious miscoduct involved.

 

Therfore it shall be certainly appropriate on your part to consult in person a very able counsel specializing in labor/service matters and proceed further under expert advise of your counsel.

 

 

 

 


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