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Namrata   06 April 2018

Full and final payment settlement issue

I am writing this message for my spouse. He had been working with a very reputed IT Firm in Bangalore and was asked to relocate to the USA for a project on an H1-B Visa. While in USA he was allocated a laptop asset by the project. This project was withdrawn by the Client due to various reasons and the whole team was dissolved and most of the people either quit the company or were placed in other cities. Now, the issue is, my husband resigned from the job while in USA and served his mandatory notice period. At the time of obtaining clearances from various Departments he was informed that he has 2 laptop assets allocated against his name in the system. He was very surprised and upon a lot of follow-up it was concluded that someone else had stolen one of the assets, it was missing since a year and his Manager wrongly had it allocated in the system against my husband's name without husband's knowledge. All this came to surface when the Clearances were being provided. After a lot of discussion, email trails, follow-ups his Manager sent an email confirming he made a mistake and that my husband always had only one laptop asset which has been duly returned to the Company. However, now the IT Team is refusing to provide him with Clearances and his full and final settlement is on hold. He has already received the Relieving Letter / Service Letter, but no payment. We have reached up to the higher authorities within the Organization, but they are adamant that 'someone' needs to accept ownership of this asset, before it can be de-allocated and my husband can be provided with the clearances. Here are some loopholes: 1. This asset was allocated wrongly against my husband's name without his knowledge, confirmation, acceptance just 'by mistake' by his Supervisor and the IT Team and he is being framed now. 2. The Supervisor after sending an email saying he made a mistake is now refusing to answer calls / take ownership of this asset / write it off against project costs. 3. The IT Team is now awaiting 'Acceptance' email from 'Anyone' to take ownership of this asset before deallocating it against my husband's name. They do not have an 'Acceptance' email from my husband taking ownership of it in the first place. They just allocated it on the word of the Suerpvisor without checking with the employee. Please help us with the legal options here as nobody is responding to calls / emails / helping resolve this and its going on in circles for over 2 months now.


Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     07 April 2018

Send formal legal notice to the company seeking settlement of due amount from the company. All the details of the case to be mentioned in the legal notice. Engage lawyer for the service.

Namrata   07 April 2018

Dear Sir,

Thank you so much for your kind response and advice. Can you please help us with one more query here? His employment was in Bangalore after which he was asked to move to the USA for work on H1-B visa(he was getting paid in USA and served his notice in USA too in USD). Should we send this legal notice to the Company in India or the USA? The asset allocation was done in USA.

Thank you so much,

Namrata

P. Venu (Advocate)     07 April 2018

Where is your husband stationed now?

Namrata   07 April 2018

We are in the USA now, working with another company here.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 April 2018

As everything happened in USA and you are also in USA, it would be better if you file the case in USA.

Namrata   09 April 2018

Sure, okay. Thank you so much all for all your kind advice and guidance.

Best Regards,

Namrata

Guddu Masih   03 November 2018

Hi,

mujhe Apne credit card ki payment ki settlement karana hai

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