Company imposing penalty in name of training on resignation

You have posted that:

--"However, in the response, he abused me, used uncivilized words,"

Employee should record ( audio/visual) such transactions, and use it at appropriate time in appropriate forum.

--"The US consulate letter and other official letters by the company also indicate the same as "purpose of travel". Now company is claiming that the trip was sponsored to train me on their products."

It is believed this claim of the company is verbal.Has company claimed it in writing?

"I was required to travel to US for two months during my employment in order to fulfill the development and testing needs of the company."

The company must have charged the client for services rendered by you and must have obtained the payment. If you can produce any record e.g. emails, bills, fax, address of the client etc it shall help you.

It shall be difficult to prove that training arranged or provided for understanding products of the comapny, added to qualification or skill of the employee. Company is duty bound to arrange training for its products.Who else shall arrange training for products of the company?

--"I indicated the intention of buying out the remaining notice period with a salary equivalent."

Have you expressed it in writing? Employee should always submit such transactions in writing under acknowledgment.

--If you can manage to complete the notice period you can buy peace.

--You can conduct lawyer search on this website.

-Related lawyers detail is available on the bottom of this web page.

Related 'Labour & Service Law' Lawyers

Dear Kumar Doab, please find answers to your questions below.

> Employee should record ( audio/visual) such transactions, and use it at appropriate time in appropriate forum.

Unfortunately, I haven't recorded the telephonic conversation. Even if I had recorded it, I doubt if I would have been able to proove that it was indeed a conversation between my country head and me. Because the built-in voice recorder doesn't save the information of caller and callee.

> It is believed this claim of the company is verbal.Has company claimed it in writing?

Yes, company has made this claim in writing.

> The company must have charged the client for services rendered by you and must have obtained the payment. If you can produce any record e.g. emails, bills, fax, address of the client etc it shall help you.

This is a product company, not services one. The travel was within the company, I travelled to US business unit of the company. So, there are no client services and charges. I have preserved all the emails, bills, and other related details. I am still employed with the company. I am not sure if keeping company emails beyond employment would be legal. Because then they could sue me on Copyright. Would somebody please advise me on what documents could be kept and what could not be based on copyright laws.

> Have you expressed it in writing? Employee should always submit such transactions in writing under acknowledgment.

I haven't expressed my intent to buy out the notice period in writing. I will do it soon. I express my gratitude to this forum for providing platform for exchange of useful information.

Look forward to advices on what imformation could be retained by me while not violating the copyright, intellectual property rights.

You have posted :

--"Yes, company has made this claim in writing. "

If this claim is in writing by email and if the employee takes a printout or forwards it to the personal email id then can the company sue employee on Copyright? It is right of the employee to seek legal opinion/advice by taking a notice/letter/email in its physical shape to his lawyer/law firm, and even elders in the family. What else employee is suppossed to do cram and mug up the claim verbatim and reproduce it later?

--"I have preserved all the emails, bills, and other related details." You shall be able to draft your representations correctly if you have the record with you.It shall help your lawyer as well.

Shall the company bring all record to a court of law? Company is custodian of record(s).Sahll the company give you an ooportunity to access your official email/archives once you have separated?

Your lawyer shall handle this also while he/she takes up your case.

Kindly proceed as per the expert advice of your lawyer.

--"I haven't expressed my intent to buy out the notice period in writing. I will do it soon."

Shall the company withdraw its claim which is supplied to you in writing if you agree to serve the full notice period?

If  you agree to serve full notice period and buy peace with the company you must obtain a printed retraction and a stement that claim is not valid.

-"Because the built-in voice recorder doesn't save the information of caller and callee."

The voice recorder does save the number called or number from which call was made. If employee has called a Head then obviousely the number of Head shall not be answered by a roadside tea shop.

Courts are not dumb.

This Head has hurled abuses and is not fit to be left to loose around in a civilised society.

--" Regional Head" and "State Head" of Training of a company both having high CTC, were on the list, and were hinted to look for another job. Both had forwarded/bcc each email( stinker and appreciation, appraisal, of confidential nature etc) to their personal email id and both bluntly passed on to country head/HR Head the sensitive nature of information they possess and harm they can do in market place. They were asked to downsize their team. They did it and are in sevice.

-Another strategy which is adopted by many employees is separate without any adverse comments on record and beat them in market place.

You may proceed as deemd fit. It shall be approriate to show all records to a comeptent and experienced service lawyer.
 

Kumar Doab, all my questions are answered. Your comments have helped me in understanding my position and rights adequately. I have no other questions to be asked at the moment. Appreciate the your precious time and useful advise.

Kindly update the outcome in forum. It shall help many who visit the forum.

Finally, I settled the trouble. Here are details of how I managed to come out with minimum loss. Yes, I said, minimum loss.

Soon after I met my lawyer and was preparing for a lawsuite, accountant from the company called me to tell that

1. They wouldn't be interested in legal route. They had no legal ground to proceed in the first place. :)

2. They would not be able to pay the entire amount of my outstanding salary as it includes few Work From Home (WFH) days that can't be accommodated into salary during termination period. The sum was around a week salary.

3. And that they are ready to pay the lawyer fee, if any towards settling the matter.

I knew, they have surrendered, they just want to get away with something to satisfy their ego. Also, the account told me that upper management was unhappy about the whole incident and if I didn't let go any money at all, the country head may loose his job.

Though, I was very much irritated by the Country head and didn't like him much, but still I couldn't convince myself to harm him either. After all I was only going to loose less than a week's salary and in fact, I hadn't actually worked the last week of my tenure due to these mental blocks. Finally I settled for the deal:

1. Company will pay me everything less a week's salary.

2. Company will provide me the relieving letter, final settlements, PF transfer and other details in hand.

I went on a vacation for 3 weeks before I joined the new company few weeks back. A desperate break I was waiting for. Today when I look back at whatever happened, looks childish on part of company. Hopefully, they wouldn't harass anybody else with this incident becoming a learning lesson.

It is good that you have been able to resolve the matter to your satisfaction. You may obtain what has been committed by accountant as ap.

You have posted that:

--"1. Company will pay me everything less a week's salary.

2. Company will provide me the relieving letter, final settlements, PF transfer and other details in hand."

In many of the companies relieving letter format has a column for conduct. Company may leave it blank, or post good/adverse comments. Even if there is no column company can create one at any stage. Reference check is in control of the company. It shall be in your interest to obtain good comments in reliving letter. Since company has realized its fault you can negotiate on the language of the comments.

You can also succeed to extract a letter or even if an email mentioning the jist of your settlement with company's authorized representative to protect your interest in future.

--"Though, I was very much irritated by the Country head and didn't like him much, but still I couldn't convince myself to harm him either."

For an employee who is company: Country Head/GM/VP/Head-HR which are also good offices of the company. This country head has retracted probably as a tactics, due to mettle and resolve shown by you. He may not change totally. It shall be worthwhile to send him at least a fitting email and extract a suitable email. He has hurled abuses and is hiding behind the junior staff. He is not fit to be left to loose around in a civilized society.

Try and form a community of like minded employees and help each other.