Forged resignation

if the resignation has not been accepted by communication to you, you immediately write to the employer that you have not resigned and your  resignation letter is forged.

Learned Mr. Thukral has given valuable advice. Kindly follow it and act immediately.

It is believed that you have not submitted resignation by letter of notice of resignation/resignation under your signatures by hand.

Your manager has made a pass on you and has accessed the tool and this is indeed forgery. You should declare it in writing to the company under acknowledgment in a gentle tone.

If your aim is to be eligible for the gratuity, you may consider the option of approaching o/o labor commissioner and in case you have the written record it shall help you.

Remain gentle, amiable, and avoid any altercation and do not leave room for the company to charge you on any count. If you have reliable colleagues/fellow employees you may keep them in your company and they may become your witness.

Thanks for the replies..

Mine is an IT company and I have emailed the details to our VP, but he has chosen not to respond. All communication within company is over email as people work from various places and often do not meet face to face. When it suits them, seniors simply donot reply to emails, even with multiple reminders. Most office activities like applying leave, even resignation , is done filling on-line forms in   ERP software. There is also internal Call centre to address small issues.

Forging resignation in software is easy to Managers who have access to subordinates accounts. May be it is standard method here of eliminating employees so all Terminations are shown as voluntary Resignations.

I am now suspecting most Indian IT companies do this and complain about 'high employee turnover' .

If I want to take Legal action in the Court for forging my resignation in the software, what is the procedure?

Thanks

Dan

First of all submit written representation by letter under acknowledgment, followed by email, addressed to your appointing authority, MD, CEO, Chairman, Head-HR, Company Secretary and confirm that your resignation has been forged and is not applicable and you have not resigned. Submit a reminder. This is a serious matter and company is under legal obligation to act.

Approach a competent and experienced service lawyer with all documents and records and your lawyer shall help you to evaluate the merits and decide the appropriate forum and may prefer to approach o/o labor commissioner. Your designation alone shall not decide you can't represent to o/o labor commissioner.

It shall be good if you act immediately. You may give a dam about what is being done or practiced in your company. Anything illegal shall remain illegal.

Valuable advice of learned experts/members is sought.

Thanks a lot, Kumar.

My Company has not settled my dues yet.

I am trying to get it paid first, before I take on with the company, else Company will find a reason not to pay me even that money.

The US based MNC is in Pune with a registered address of Karnataka.

Do I sue where I live or where the thing happended or where the Reg. office exists in India (or in USA) ?
 

Regards

Dan

You have posted;

-"I am trying to get it paid first, before I take on with the company, else Company will find a reason not to pay me even that money." Do you mean that you have not submitted any representation to the company that you have not resigned and you want the payment of dues to be disbursed to you first?

Do you want to protest, and bring it in the notice of company that your resignation has been forged, after you have received the acceptance of resignation and have  encashed the FNF settlement cheque?

If yes, you are wrong. Probably you have not understood the matter in its right perspective.

You can lodge your complaint at your last Head Quarter. It may take a notice from your end or a legal notice or a complaint with o/o labor commissioner or litigation, company shall have to supply you all of your dues. If your resignation is accepted, company shall deduct the applicable notice pay. Choice is yours. You may act in the manner as it pleases you.

Thanks Kumar for your response..

I have sent email to my VP about the wrongful termination, but he has not responded, and most probably will not.

I am not inclined to remain in the employment of this company so accept it as Termination from the company. Any way I don't have much choice as Company has deleted ny Network Log-in Id, Email Id and other records. On top of that company has (wrongly) asked me to pay some money before they send me relieving letter etc.

While I am not against Company's right to honurably Terminate me by giving due notice or salary in lieue, I strongly object the back dated and forged resignation, not paying for the  notice period and Gratuity. As per company rules one can't resign with a back date but they have violated this rule too. These are all criminal acts and I want to fight this criminal aspect.

I will try to get my dues from HR, at the same time I will keep sending emails to VP about the wrong doing. It will be on the record that the VP kept quite all the way when he was informed about the wrong doings.

I guess getting my dues like leave and gratuity doesn't mean I have no complaints against the Company.

Is my thinking wrong?

Is there anything wrong if I get my dues first and then complain to Court/LC?

Regards

Dan

You have clarified that you have already submitted representation and reminder to the good office of your VP, and that this VP has chosen to maintain a studied silence and thus has taken a stand that he/she shall neither declare that forgery is committed nor order an enquiry with a copy to you nor declare the result of inquiry of this unfortunate episode.

You may submit a representation to examine your personnel file maintained with company. Let the company either reply or maintain a studied silence on this also.

Do you mean that you have not lodged your claim, but the company shall pay you the gratuity, and PF amount? If it happens you may decline. You should not submit your claim on both.

If you are fighting forged resignation then which payment and claim you wish to fight?

If the company has chosen to enact the forged resignation, company has to supply you all the dues payouts and certificates/documents in time. If the company supplies you the termination order instead, you may protest and refuse to accept FNF statement citing errors, termination order and if at all you encash payment instrument you may do so lodging your protest under acknowledgment.

The forum has not seen copy of your communications, to your company. You may approach an experienced and competent lawyer/law firm at your location. Your lawyer can fine tune and structure your future communication and build record in your favor and formulate a strategy based on the inputs you can provide. You can contact learned Mr. Thukral also, a competent LCI expert and Mr Thukral may take up your cause and take you under his wings.

Does it mean if someone robs me I can either ask that the robber return me the money or I take him to court but can't do both  :-)

It now appears my Company is asking me to pay some money before they will issue me releiving letter. Only after I pay they will think if Gratuity is payable to me or how much..!!

They are robbers indeed.

You need to fight for forged resignation, and obtain a confirmation in writing from the company in writing, from the good offices.

or you may approach o/o labor commissioner.

You should post what is actually happening.

Has the company demanded any payments from you in writing or verbally?