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Jay Ramakme (GM)     26 November 2014

Wrongly harrassed and threatened by company

I was employed for the past 5 years with a leading company in India. I was in the branch office in mumbai

The company started advertising in the city by putting up illegal advertising boards. My boss gave me a letter authorising me to sign all agreements.

The boards were removed during diwali during a clean up drive. There was a check done on me that why were illegal boards put up and if they were how they were removed.

I was forcibly told to resign by the branch office as the head office was putting lot of pressure on them, as they suspected fraud.

After a lot of follow up from my end an interrogation was done by senior company officials. I even stated that if they had doubt on me and any proof whatsoever they should go to court against me.

After a few weeks I got my full and final salary. But the hr till now is not ready to give me my relieving letter and experience certificate.

They have also spoilt my name in the industry so much so that I had to change my line from marketing to loyalty sales.

When i went for an interview there was a back check done by the company with my ex company who told them I was a fraud.

2 points:

> Can the company avoid giving me my relieving letter and experience certificate.

> Can I sue the company for spoiling my reputation and giving bad refrences about me.

 

 

 

 

 

 

 

 



Learning

 2 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     26 November 2014

Take the help of an advocate & issue a legal notice to the company with above mention facts. You can easily sue the company if you have valid proof. 9891000491

Kumar Doab (FIN)     30 November 2014

If the company has levelled allegation then it should have issued show cause notice and  conducted domestic inquiry and terminated you......................as per findings of the inquiry................

Since you resigned and company has accepted resignation and has  not recovered any so called loss and has issued FnF the mater is over. 

 

As per Bombay Shops and Commercial Establishments Act: Sec38-B:::::the standing orders shall be applicable if the establishment employs 50 or more people....

 

 If standing orders are not certified Model Standing Orders shall apply.

As per Model Standing Orders Sec;16 service certificate shall have to be issued to all employees.

If you have evidence of forced resignation, false feedback/defamation  then it is offence and and you can proceed against the company.

HR is not your employer and you should represent to appointing authority,MD...........  

 

The employees make a blunder by not forming unions,internal councils,works comittees etc....

 

 The 'Works Commitee' as in ID act is an authority and President can be from employee's side and such committee can take up such matters with employer.

Unions in Maharashtra have been strong. 

 

You are eligible for Gratuity and may submit FormI by redg. post with letter that notice of determination of gratuity has never ben supplied to you...................................request to supply by redg. post the acknowledgment imediately and aceptance,service certificate,relieving letter,FnF statement correct and original,Form16 as per correct FnF statement,Payment of FnF dues by bank DD only,PF number and a/c slips,salary slips of all months,ESIC card,NOC/NDC, 

 

It shall be appropriate to show all docs on record to your able Labor Law Consultant/Service Lawyer and understand the merits and proceed under expert advise of your lawyer.

You may also consult a lawyer specializing in criminal law and under stand the merits for defamationetc... 

 

 


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