Full and final settlement
ravi
(Querist) 24 January 2015
This query is : Resolved
Hi All,
I was working for a PVT LTD company in gurgaon for more than 3 years , All of sudden they asked to me leave and said you are not performing well , you can leave this organization ( Verbal ) so i resigned on september 26/2014 . as per managers they agreed my full and final will be done in coming pay cycle which was oct 7 2014 but they didn't clear my dues till now . When i went to office to ask the reason , next day they sent me an email that i am threatening their employees and i breached code of conduct stating I have conveyed in America ( Onshore company ) that i have opened a company of a similar nature and the same was given as a feedback to my new employer which was Convergys so they terminated me based on that. I have a termination letter from them only. they mentioned in Email that they will talk to their office in America and then they will tell their final decision . It's been 4 months now, i sent them many emails to clear my dues , to tell their final decision but as of now i didn't hear any positive answer . however they sent me a notice with lot of base less allegations in November , I sent them reply of their notice on 26th of december by speed post and had given 15 days time to reply . Till now no reply from them . As a proof i have that long email conversation where they have been tolerating by giving excuses, signed copy of resignation and Termination letter from convergys where this has been stated " Due to false information given by employee " . What should i do to save my 3 years of experience and to get a new job plus to get my all paper works with full and final from them .
malipeddi jaggarao
(Expert) 24 January 2015
Whether you have breached the code conduct as alleged by your previous company?
You cannot mix up both the matters. One is not settling your dues by your previou company and second is the new company terminated you. Issue is only one - settlement of dues. Your present company has got every ready to seek the confidential report from your previous company and your previous company has got every right to give their report on you. It is for the new company either to accept or ignore such feed back. Normally when there is a negative feed back no new company will take risk and retain the employee. Their reply that they are obtaining feed back from their company in US might not be true and need not be also.
Serve a legal notice on your previous company to settle the dues. You can not save your experience with this company, as if you mention this experience, there is also a threat that they may give negative feed back when referred by prospective employer.
ajay sethi
(Expert) 24 January 2015
issue legal notice for clearance of your dues . if company fails to pay file winding up petition against the company
Guest
(Expert) 24 January 2015
Well Advised by Expert Mr.Malipeddi Jaggarao
Rajendra K Goyal
(Expert) 24 January 2015
Send legal notice for payment of full and final dues.
R.K Nanda
(Expert) 24 January 2015
no more to add.
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
You may follow the advises rendered by expert Mr. Malipeddi Jagga Rao, nothing more to add.
ravi
(Querist) 27 January 2015
Where should i file a case , In labour Court or in Civil court ? Please Advise since i don't know the procedure and would be very helpful if you tell me to whom to approach and for what reasons .
Dr J C Vashista
(Expert) 01 February 2015
That is to be decided by engaging a local lawyer whether you were appointed as "workman" or not. The cases of "Workman" are being entertained by Labour Commissioner and not all. Therefore, engage and consult a local lawyer.
Did you issue legal notice for your dues unpaid as advised by the experts? If yes, what is the response/reaction? If not, what for you are waiting?
