Settelment from previous employer

What is the reason stated in the termination order? Did the company level any charge and/or issue any show cause notice? What was the heartburn and why the negative feedback is being issued? The negative feedback being issued is verbal or in writing? Can you produce any witness from any of the employers/consultants that they have not considered your candidature due to negative feedback from M/s..........?

If there were any issues/altercations/internal problems you should have consulted elders in the family, competent and experienced well wishers, lawyer/law firm before hand and must have diffused the situation or you could have issued notice of resignation and arranged for your next venture, in the interim.

If the order of termination was bad, you could have contested it.

Now you may take up the matter with the good offices of your appointing authority, MD, CEO, Head-HR, and even your line management and settle the matter once for all. You shall need to apply your persuasion, persistence, reasoning skills, and remain gentle, and thus avoid negative feedback in future.

If you can you must trade the termination order with resignation in back date.

Or you may approach a competent and experienced service lawyer with all records and you lawyer after assessing the merits may advice you to issue a legal notice and then approach suitable forum e.g. o/o Labor Commissioner etc.

Have you been charged for causing loss to the company? If yes what is the quantum of loss?

Do you have the appointment letter and is it stated that you shall be eligible for incentives/performance linked incentives? Do you have incentive circulars, T&C of incentive, performance record and any circular/email/letter confirming your qualification for the incentive? Is it mentioned in any of the incentive circular that employee should have been in the service for ..............months to qualify for the incentive and/or that employee should on rolls of the company at the time of disbursement of incentives?

Your PF can not be blocked. You can withdraw or transfer your PF. First you should submit the forms to the company under proper acknowledgment ( either by redg/speed post or at the reception where all mail is received and obtain company seal and signature on all pages) and peruse with company (even if by email) and obtain acknowledgment that your PF withdrawal/transfer forms have been received. After this if the company does not deposit the PF forms with concerned o/o RPFC and does not supply you the acknowledgment issued by PF office, you have caught the company on wrong foot.

or you can get your PF forms attested by any of the designated authority e.g. bank manager and send these directly to o/o concerned RPFC.

It shall be appropriate if you provide all the details.

Dear Sir,

Thank you for your quick reply.

I would like to explain you in deep about the instance, I was terminated becuase my wife had started a manufacturing venture of Electrical panels, which was not inline with them but they were the suppliers to Manufacturing company where my wife was Managing partner for the company, supplying their product & services to my wife's company but this was not informed to them earlier, because as a Regional Manager I was treating wife's company as customer to us,

This instant was known to the management in this month, & suddenly they came up with the decision of terminating me on 09.12.2011 without issuing any notice to me or neither they have cleared my arrears from the company which were due to me.

They have not issued any terination letter, this was only a verbal confirmation from the management, and in written from me they have taken a apology letter from me for violating the comapny policy, but as far as my view is concerned this is not a mistake from side, kindly guide on this matter.

Regarding incentives I have already received a mail from our HOD wayback in 2010 & infact they have cleared my incenives till Dec-2010 after that several followups with them they have not given me the incentives to me.

Thanks & Regards,

Phaniraj Shanbog

Did you have any confidentiality clause in your appointment letter or did you sign any confidentiality agreement separately? Is there any clause that during your employment you can not transact with any of the companies in which your family is a stake holder?

Apparently you have concealed from your company. You are at fault. Employers do not tolerate such acts.

Did your company issue any show cause notice reprimand in writing?

Is their default on payments by your wife's company or has any loss been caused by your wife's company to your employer? Verbal order's have no legal standing. If based on verbal orders you have stopped marking your attendance your employer may declare you absconding and keep a copy of their letter in your personnel file, without dispatching it you by redg. post and produce it later. You should narrate the total incidence to your appointing authority and demand to examine your personnel file. Let them remain silent or refuse. If company has terminated you and if you are willing to accept in principle and do not wish to contest the order of termination (verbal) then company should accept your resignation ( back dated) and settle you’re a/c.

It shall be appropriate to show all of your record to a competent and experienced service lawyer and proceed under expert advice. Your lawyer shall handle the apology letter.