Settlement

Do you have any evidence of bad mouthing?

Is there any evidence in writing; say BGV?

Did you ask for a copy? Do you have a copy?

Did you lose any employment due to it?

In case it is all verbal would anyone that is involved/concerned in last/prospective employment, agree to be your unshakable evidence?

Probably not!

So how would you establish?

In case you can establish go ahead and press for damages, if you want.

Or have you written to last employer (under proper acknowledgment with a copy to you) that they have posting adverse comments against you that lead to losing employment by you?

Have you written that you want to resign?

Do you copy, acknowledgment, POD of such resignation?

If company wants to accept your resignation or you want them to accept your resignation from/before or on date of termination then why they have written to accept you the termination order?

Do you want the resignation to be accepted?

Do you have any assets of the company? If yes, submit under proper acknowledgment.

Have they attached any FnF statement and did you cross check it?

Is it correct?

Or they have simply written an amount and want you to accept?

What is the reason mentioned in termination order?

If employer has alleged any misconduct then is it mentioned in termination order?

Did you commit any misconduct?

If NO; obtain service certificate and later reliving letter also preferably with good comments on conduct, performance.

Correct FnF statement: this is computation of earned wages for days worked, notice pay if termination was with immediate effect for notice period as inserted in appointment letter and or applicable enactment say; Shops & Estbs Act/certified standing orders………………bonus, OT, leave encashment, incentives, reimbursements any other amount that is payable as per appointment letter/service rules/applicable enactments……., performance pay, performance bonus  etc , PF, ESIC, Gratuity etc etc

Which notice period is higher; as in appointment letter, applicable enactments say; Shops & Estbs Act/certified standing orders?

What is the rate of notice pay applied; say as in as in appointment letter e.g; Basic pay/Gross pay/CTC, or applicable enactments say; Shops & Estbs Act/certified standing orders?

Leave encashment: What is the number of leaves (carried forward, current year) rate of encashment applied as per leave policy; say as in as in appointment letter e.g; Basic pay/Gross pay/CTC, or applicable enactments say; Shops & Estbs Act/certified standing orders?

Which rate is higher; as in appointment letter, applicable enactments say; Shops & Estbs Act/certified standing orders?

Bonus: Last years and current year……………….as per Payment of Bonus Act and any other Bonus ; performance bonus  as per appointment letter or bonus policy……….

PF; has the PF number been supplied along with PF a/c slips of all years……

Similarly; ESIC

Salary slips; of all months from DOJ-LWD

Form16 of all yeas and last year as per correct FnF statement……..

FnF statement; Mere statement by employee that nothing is due may not end the pending claims……………..if employer has violated its statutory obligations and as inserted in appointment letter, service rules, any policy…….

Employee should immediately mention in writing under proper acknowledgment that he was made to sign under pressure, coercion, intimidation, duress……………….chose words as per situation and facts……..and balance is pending……….. giving details and adding any other as per obligations……….

Prior to that employee should mention that correct FnF statement is not supplied………

Does company have its appraisal system? If yes try to get all copies.....

Do you have copy of poliocy,matrix,KRA's, perfomance data?

Do you have copy of awards,rewards,incentives, commendations,appreciations...............If yes write about it to employer...........

If you can get the termiantion order called back............

Try to get clear BGV frt next employment and close the chapter.........

The past employer and its attorneys may not easily for everything and may press ther stand on you ( Apni Taang upar rakhne ki koshish ki jayegi)..........

You shall need skills of , persuasion,persistence,reasoning, negotiations and patience..........

Remain gentle amiable, firm............

Take help of elders of the family, competent and experienced well wishers, seasoned employee's/trade union leaders, shrude negotiators, a very able LOCAL senior counsel of unshakable repute and integrity specializing in labor/service matters and having successful track record........... 

Hope you are satisfied....

Now act as suitable to you, and in your best interest, in consultation with elders of your family..........and your own LOCAL counsels.

 When they wanted me to resign they were threatening me that they will spread negative report if I don’t resign & I had recorded that.  When I wrote them to take back the termination as wrongful the next step they took wrote to all clients that I am not associated with them and gave back date on it which created lot of embarrassment for me as clients asked me why were you working when u were not in company, I raised objection in company for this in writing for defamation. When I sent them the notice the reporting manager came on sales visit in city and spread that I had sent notice to company this I learnt from market and I have one phone recording of that. When I was searching job few companies suddenly went silent after showing interest. Recently I cleared interview stages and got shortlisted email and was asked to submit documents which I submitted but suddenly after that company got silent but I have not contacted that company after that because I presumed that they must have received negativity rumors. Should I ask the company why they have not responding or how long more they will take? I have not approached any one to be my evidence for bad mouthing but if I try there is possibility of both yes or no.I have yet not written to my previous employer that due to their adverse comments I am not getting job but due to this problem only I am going for settlement as only after giving a notice I am not getting job what will happen if I really file a case I have small kids.

I have not written that I want to resign I only told telephonic that I want to mutually settle they have sent mail that way and even I am thinking like you that why they have written both ways resignation as well as accepting termination. If u ask my choice I would rather like to go for resignation when compared to accepting termination because I would get relieve letter which will help in future employment.

They have not attached statement but only given a figure but I feel I should accept it because I want to move ahead and not accepting will give rise to more argument

I did not misconduct but when I did not resigned it took them time of approx 25 days and fabricate  termination and I went through hell during that period and faced many allegations but they did not forfeited my notice salary in termination letter rather only were calculating less.

I have pF number and UAN number but not PF account slips.

Relieving Letter signifies; Employee has separated and nothing is due against employee.

Service Certificate; is to be issued to all employee.

If the establishment has terminated and has not paid FnF dues (if any) then it is employer/ establishment that has to tender balance payment and NOTHING is sue towards employee.................until or unless there is any asset that is with you. 

If there is any asset/company property with you then submit under proper acknowledgment and close the matter....

If there is NO asset/company property with you then write accordingly and close the matter....

In any case employer/establishment has to tender service certificate, relieving letter...............

If employer/establishment agrees to accept your resigantion (in  writing)/call back termination order then it is better option.

You can certainly try for it.

If there is nothing; say assets/handover of charge due against you then compnay should not block FnF statement/settlement/exit documents etc etc........... 

Okhli mein sar diya to mooslon se kya darna.

When you have already served the employer with notice, they did not respond on that, you may better file a case, if you have sufficient evidence in your favour for wrongful termination, Better rely on your own lawyer than getting confused by the varied types of advice by members. For mutual settlement, you could have thought before serving the company with the notice. Now forget about that.