Dear Sir,
Greetings, I need expert advice on my case. My services were suspended by my employer after 8 years of service on June 22, using a fake bribery case orchestrated by some jealous individuals within the organization. Under the influence of these individuals and due to office politics aimed at jeopardizing my flourishing career, HR filed an FIR against me under sections 420 and 408.
Subsequently, in September 22, my employer issued me an internal charge sheet containing false allegations of willful misconduct, bribery, malpractices, and illegal activities causing financial losses to the company. I responded to these fake allegations in the internal inquiry. However, none of the alleged transactions were presented to me for clarification. Despite my responses, my employer terminated my services in October 22, acting with bias and without affording me a fair chance. They also accused me of data theft under the data protection and confidentiality policy, which I denied as factually incorrect.
During the ongoing police investigation, no incriminating evidence has surfaced, and there are indications that the FIR may be closed.
Recently, my employer issued me a show cause notice for the forfeiture of my gratuity under the Payment of Gratuity Act. I have duly responded to this notice with facts.
However, my employer is withholding my relieving letter and my Full and Final (F&F) settlement, including gratuity, despite numerous emails and verbal discussions with HR. I am financially strained and unable to secure a job due to these allegations, the ongoing FIR, and the unavailability of a relieving letter and experience certificate. I seek advice on whether, under these circumstances, the employer can withhold my relieving letter and dues. Additionally, I would like to know what legal remedies are available to me.
Kindly advise.
From India, Delhi
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Greetings, I need expert advice on my case. My services were suspended by my employer after 8 years of service on June 22, using a fake bribery case orchestrated by some jealous individuals within the organization. Under the influence of these individuals and due to office politics aimed at jeopardizing my flourishing career, HR filed an FIR against me under sections 420 and 408.
Subsequently, in September 22, my employer issued me an internal charge sheet containing false allegations of willful misconduct, bribery, malpractices, and illegal activities causing financial losses to the company. I responded to these fake allegations in the internal inquiry. However, none of the alleged transactions were presented to me for clarification. Despite my responses, my employer terminated my services in October 22, acting with bias and without affording me a fair chance. They also accused me of data theft under the data protection and confidentiality policy, which I denied as factually incorrect.
During the ongoing police investigation, no incriminating evidence has surfaced, and there are indications that the FIR may be closed.
Recently, my employer issued me a show cause notice for the forfeiture of my gratuity under the Payment of Gratuity Act. I have duly responded to this notice with facts.
However, my employer is withholding my relieving letter and my Full and Final (F&F) settlement, including gratuity, despite numerous emails and verbal discussions with HR. I am financially strained and unable to secure a job due to these allegations, the ongoing FIR, and the unavailability of a relieving letter and experience certificate. I seek advice on whether, under these circumstances, the employer can withhold my relieving letter and dues. Additionally, I would like to know what legal remedies are available to me.
Kindly advise.
From India, Delhi
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Collecting a Police Report
Please try to collect a copy of the police report once the police investigation is over.
Applying for Gratuity and Dues
If the charges leveled against you are not proved, you can apply for gratuity and other dues from your company by making an application along with a copy of the report from the police.
From India, Aizawl
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651Please try to collect a copy of the police report once the police investigation is over.
Applying for Gratuity and Dues
If the charges leveled against you are not proved, you can apply for gratuity and other dues from your company by making an application along with a copy of the report from the police.
From India, Aizawl
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Resignation cum relieving letter.doc