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Ravi Kumar (NA)     18 October 2018

Suspension during notice period

Hi All, I have worked with a startup home finance company and had worked for 3.5yrs as Area Manager. I do get a better opportunity with higher package in another company and wants to switch to the new organization which again is a startup company. I had submitted my resignation in the month of Nov'17 and was serving 2 months’ notice period (till Jan'18) supporting the organization to hand over the charge and responsibilities to my colleague. In the meantime, HRD asked me to clear the overdue/ NPA accounts in my location and had instructed me that after clearance of NPA accounts only HR will be in a position to relieve me from duties or else they will hold my relieving and F&F and there is no time limit. (It is obvious that after a loan get seasoned we actually came to know the regularity and repayment history of the borrower. If the borrower/ account is getting defaulted, then the company should take legal action on that borrower in a right manner and at a right time so that it will get clear within the timeline). During my notice period as my 30 leaves were unused, I had a discussion with my reporting manager and the Sr. Mgmt. team for relieving process but they denied to relieve me and had issued suspension order in the notice period after 40 days and had asked me not to attend the office and was told me that the enquiry is going in the loan cases and against me. I waited for the enquiry to be done and had also assured the company that if any help required from my side I am ready to support them. I got a show cause notice from HRD in the month of Jan'18 (ending) and to which I had replied on the very next day that being an Area Manager neither I have any involvement in sourcing of the loan proposal nor I have the sanctioning power for disbursement… then why they are trying to put allegations on me that I personally had done the wrong funding. In the month of Feb'18, I had a discussion with the Sr. Mgmt. team and they told me to clear the NPA account in my region and then only they will process the F&F and relieving letter. In the meantime, the company had sent the message to all the borrower stating the "Mr.---- is not associated with us and not to deal with him regarding collection or any kind of contact or else the company will not be responsible for any loss to the customer...and so on". The company and Sr. Mgmt. team tried to ruin my name in the local market as well as in the finance industry too... I had requested many a times to rejoin the organization and give me an opportunity to work and then can take proper action on the intended defaulter customer and will try to clear the NPA account but it's a legal process that's why it will take minimum 6-8 months’ time... but the company is neither ready to support me nor relieving me. Whenever I want to talk to the Sr. Mgmt. team they answer me that the enquiry is in process but no one properly gives the reason for holding my F&F. Again I have a fear that the company can create any false allegation against me and will try to put me behind the bars by lodging wrong FIR because the system is in their hands. Little brief about me… I have joined the organization due to my previous MD had called me personally to join the organization. In the first year my branch got the Best Branch award along with Best Sales, Best Credit, Best Collection, Best Ops, etc and since then every year got appreciation for good business and branch operations under my leadership my region had created 200 Cr of portfolio within 3 yrs… I and my team got many of the awards and company shares, etc till I resign… Suddenly after resigning, the things went wrong against me… Today also am unemployed as I have no relieving letter, hence no company wants me to take on their rolls. My query is – #Shall I go a legal action against the company for relieving? #Is it right that the company can suspend me during my notice period? #If I had done some wrong then the company should fire me before my resignation (why after resignation) #I have the shares (ESOS – approx 80K shares) of the company granted to me before 2 years. Shall I be eligible for that in future. #If I join any new company (as I am unemployed since last 11 months), will the previous organization trouble me? #Shall I take a legal step for deformation Dear Members, need your guidance


Learning

 2 Replies

Sudheendra (Social worker )     18 October 2018

#Shall I go a legal action against the company for relieving?

Yes you may

#Is it right that the company can suspend me during my notice period?

It depends on the reason for them doing so

#If I had done some wrong then the company should fire me before my resignation (why after resignation)

you have mentioned that you were fired during your notice period while you were still attending office

#I have the shares (ESOS – approx 80K shares) of the company granted to me before 2 years. Shall I be eligible for that in future.

Depends as the details have to verified

#If I join any new company (as I am unemployed since last 11 months), will the previous organization trouble me?

Depends on the outcome of the inquiry which is being made against you.

#Shall I take a legal step for deformation

Approaching an advocate in person with all the necessary documents for verification should give you an idea as to how to proceed further.

Question: Which city are you residing in?

Ravi Kumar (NA)     20 October 2018

Thank you for your valuable advice...

M from Nagpur.


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