Case against the previous employer.
Mohit Singh
(Querist) 02 April 2014
This query is : Resolved
In 2006 ,I was employed with a BPO in Gurgaon.I left the company in 2007 withought giving the 1 month of notice .Since I was getting good opportunity to work else were ,I was provided with copy of onlie resignation that I submitted .
My Employment dates were Joining-15/05/2006 and last day worked 12/08/2007.
I joined the new company on 16/08/2007.
Now I am leaving the comany that I joined on 16/08/2007,but they were asking for Experience certificate from my 1 st company .
When I contacted them ,they issued an experience letter with the date range of 15/05/2006-01/09/2007.
I had to pay 17000 rs to get that document .
I sent the letter to the new Company which I have to join on 15/04/2014 .They came back to be stating the dates in experience letter is coinciding with my 2nd employment begin date.either I get dates corrected or they will choose not to give me an employment .
I went back to the HR of my 1st company and refered to them copy of online resignation submitted in 2007,salary slip of the company I joined on 16/08/2007,showing that I was no longer employed with 1st company .
Teher was an email conversation as well which I sent over,that confirms the last date will be 12/08/2007.
Currently the HR of 1st company is looking at it .They did tried to confront their records and stated they have correct records.They even refered to a written resignation (that I have no idea about ) which they believe the date would have been 01/09/2007.
I would like to know here in case they do not change the employment dates what legal actions can I take against them and approximately how much time could it take to resolve .
Dr J C Vashista
(Expert) 03 April 2014
The first employer company shall issue experience certificates as per record available or you prove their records otherwise and get them corrected.
Engage a local lawyer.
Rajendra K Goyal
(Expert) 03 April 2014
Outcome through a legal path may take 3-4 years.
Try to get an amicable solution.
ajay sethi
(Expert) 03 April 2014
litigation is long drawn process . better settle issue amicably
Guest
(Expert) 03 April 2014
In your query, you have nowhere mentioned the effective date of resignation as would have been mentioned by the company in their formal communication about acceptance of your resignation.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
Agree with the experts, you must take up the mater with the top management if the HR is not cooperating or not trying to help you. After that you can try other legal options.
