Hi Sir, Below are answers point wise:
"As per his company policy, I should get approval from manager if I want to get relieved in advance which is mentioned in appointment letter."
Did you submit notice of resignation, or resignation with immediate effect or mentioned that as per clause...............in appointment letter dated.................you are tendering resignation and relieving date be issued to you?
Answer: I have sent hard copy to company address and email as well about resignation in below format
Hi XXX,
This is my resignation from xxxx (company) technologies services as dated on: 03/04/2014.
Were you relieved in writing with immediate effect?
Answer:
I got a call on the resigned day itself in the evening and after a short discussion, Manager told me that he is releasing me from services that will be applicable from that resigned day itself. I said ok in the call, after that I tried to login my company email – it was suspended and could not login anymore.
But, he has given experience letter and relieving letter for 31st March 2014, but I resigned as on 03/04/2014. And, I have not sent any email to relieve me early. But, some other employee who resigned later few days of my resignation – when he wanted to relieve early. This same manager asked that employee to send an email for early relieving and stating that employee is ready to pay the amount for the early relieving.
"But, now he is causing problem again in my current company background verification saying that there is account due with that company. "
Do you have a copy of such report with such comments?
Answer: Yes sir, I have hard copy of the email from my current company HR team.
This Message is from background verification team in my company sent to my location HR stating that:
HR stated that Exit interview and reliving formalities completed, however the pending response on account settlement clearance activities from employee.
---"I have breached NDA and Solicited the co-worker for that he mentioned fine amount almost 1 lac 60 thousand to pay for his company . Then i have confirmed via email saying that i have not done anything such activities ".
You have replied and onus is on employer to prove.
Answer: Yes Sir, I have replied in email saying that this is my stand point – To the best of my knowledge I have not reached NDA and not solicited any co-worker.
For that he mentioned in email stating that verification has to be done by third party , but that verification is not yet even initiated , although almost 2 years now.
"Then he said that in email as a i knew him from long time he will accept that i have not done anything" This statement should close the issue and you should be paid.
Answer: Below is the email message received from that company manager for above statement:
On trust basis and having known you I can agree to your statement to some extent but for the other stake holders of the company and for the company records I don’t have any answer and “trust” does not be accepted as a form of acceptance. For that asked my sign one waiver form with condition clauses for 1 year to settle accounts without penalty meaning if proven and accepted by both parties with in 1 year of my departure from company I have to pay the penalty.
Now, It is 1 year and 10 months that I am out of the company and he has not proved anything for that NDA and solicitation with co-worker. He asked me current company appointment letter For that wavier form supporting document which is confidentiality to me from current company point of view.
"so, requested him to give clear final settlement letter. For that he said my account is in negative due for that i need to pay the amount.'
Has any FnF statement been supplied to you showing the net amount payable by you?
Answer: Yes sir, He sent one F&F statement in that mentioned amount payable by me.
"he withheld my 3 months salary - 3lacs with him during employment'
Has he supplied salary slips of each month, showing deduction or any reason in writing for the withheld amounts.
Answer: Yes Sir, I have email proofs for deduction of salary payment and deducted amount by company in a company provided statement . I have payslips for salary deducted as well.
He used to deduct salary like after completing the salary payment month. He used to announce that they are going for salary deduction because of company financial issues.
Does your appointment letter state that notice period is 90days and notice pay in lieu of notice period is applicable?
Answer: Below are the statements mentioned in appointment letter.
“Employees who resign are required to provide company with at least ninety (90) days written notice prior to the final day of actual work or 30 days salary in lieu of notice. This salary in lieu of notice whenever it is invoked shall be deducted in the final settlement calculated. “
If company terminate employee: Company terminated employee by giving thirty days’ notice in writing or by paying thirty days salary in lieu of notice.
Company policy for early release: An employee may apply for an “ Early release” from serving notice period subject solely to the approval of the company management team.
What was your designation and nature of duties? Did you have the power to sanction (not just recommend) leave/increment/appoint/terminate? Can your recommendation be changed/cancelled by anyone above you?
Answer: Joined initially as a senior consultant and later on designated to Technical project manager. I didn’t have any powers to sanction.
You were located in which state? I located in TELANGANA – HYDERABAD. But, company, head office is in Chennai, Tamilnadu. Initially company had branch in Hyderabad as well. Later on moved completely to Chennai.
Your reporting office, HO was located in which state? Chennai, Tamilnadu.
How many person were employed in the company? Less than 10 during that time.
Was it registered as ; Commercial/Industrial? It is IT service PVT LTD company.
What was its line of business? IT services.
Did standing orders (certified/model) apply to it and yur designation? I don’t have idea on this sir.
Could you please suggest me on what point basis i can go ahead on this.
Thank you very much in advance for your time and help.
