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raghav   11 January 2016

Bad reference given by my ceo

Hi, I can see this is a common  question. But my case is slighly different and I have additional question. 

I worked in a IT organization for 3.6 yrs. At the end of 3 yrs the company wanted me to sign a bond for 1yr. This bond was a normal paper bond and I signed it. Within 6 months, even before the completion of the 1 yr paper bond they wanted me to sign another 1.6 yr bond , which is stamp papered, and said , if I am not interested I need to leave the organization, next day itself, for which my CEO said, the previous bond is not considered any more and he is not going to give my relieving letter if I resign and he said, its a crucial time in project. I told them I will serve the notice period or the remaining bond period ,  but the CEO did not accept and I need to come out of the organization, and for time being I joined in a consultancy and got deputed to another IT concern.

After this I struggled a lot to get the relieving letter, finally I sent a lawyer notice to my CEO and HR, and I got a relieving letter , where it has been stated my perfomance not satisfactory.

 

Now I have 3 questions:

1. If I file a case against CEO, is it valid and what about the success rate.

2. Now I am working in a consulancy, but If I go for direct job in a big IT concern, will I need to produce

the lawyer notice I have sent already. Because I dont know whether lawyer has got a copy with her as

its been 6 months.

3. How much money and Time I have to spend , If I file a case against my CEO also is there any change of  case back firing.  

Further details

1. Its a organization owned by private with just 5 to 10 members

2. I was salaried 

3. All these happened before april 2015 and notice was issued on him on august 2015

4. I got my bad referenced relieving leter on september 2015



Learning

 3 Replies

Kumar Doab (FIN)     16 January 2016

Lawyers do keep a copy of the notice.Obtain the copy from your lawyer. YOur lawyer can update you on time,expenses etc.

 

If the performance was never bad and no stinker,SCN etc was issued, and you have performance data then you may have merits on your side.

 

If the charge is bad,malafide,with malice,derogatory,stigmatice,defamatory,discrminatory retaliation then you can sue. The merits can also be informed by your lawyer.

 

Are you a member of employee's/trade unions?

 

raghav   04 March 2016

Hello Sir, I am not a member of any Union , As you suggested, I got a copy of notice. But when I look at the copy I can see, first page is from letter pad,2nd page is taken on its back, third page is a normal A4 sheet, and all I got is the xerox. When I asked , lawyer says, due to shortage of letter pad paper, it was sent in this format. And no seal also in the notice. Is it ok. Will companies accept this copy?

Kumar Doab (FIN)     05 March 2016

Keep the copy in your record.

Consult an able counsel specializing in labor-service matters to mproceed further.


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