Hi to all the seniors,
I was working in a Captive Unit of a Foreign Company in early 2001 AD in NCR, Uttar Pradesh. After one month of my joining the service, they sent me a Speed Post/Registered letter saying that the Bachelor's degree copy submitted by me in the company is not genuine. They did not even furnish any proof of the same to me. However, my degree is fully genuine. In the letter/notice, they provided me with a 7-day deadline to prove the authenticity of my degree from the date mentioned on the notice, but I received the notice 10 days after the date mentioned.
As the notice arrived 3 days after the deadline, I had no time to prove the genuineness of my degree. I have proof of receiving the notice with the stamp of the General Post Office, which is dated 10 days after the notice's deadline, i.e., 3 days later than the last date provided to me. Consequently, it has been around 3.5 years since they terminated my employment on the grounds of a fake degree. The company conducts third-party checks, and I believe that incorrect information was provided by the third party or possibly by the concerned University officers.
After my termination, I have not worked in any organization and have faced financial distress, debt, mental sickness, and trauma due to the loss of my job on false grounds of holding a fake degree. I have hospital tickets and prescriptions from government and private hospitals.
Given that it has been 3.5 years, and I have not been employed since, I withdrew my Provident Fund from the same company due to extreme financial distress.
1. Are there any legal remedies available to me now?
2. Is it possible to seek compensation if I can prove that false allegations were made against me regarding the fake degree? What is the procedure, and what compensation could be expected?
3. Can I claim salary from the date of termination until a judgment is reached in a court of law?
4. Which competent authorities can I seek help from, such as the Human Rights Commission, Ministry of HRD, or others?
I appreciate all the seniors who can provide guidance and assistance in this challenging situation.
Zoya
Ghaziabad, NCR, UP
From India, Delhi
I was working in a Captive Unit of a Foreign Company in early 2001 AD in NCR, Uttar Pradesh. After one month of my joining the service, they sent me a Speed Post/Registered letter saying that the Bachelor's degree copy submitted by me in the company is not genuine. They did not even furnish any proof of the same to me. However, my degree is fully genuine. In the letter/notice, they provided me with a 7-day deadline to prove the authenticity of my degree from the date mentioned on the notice, but I received the notice 10 days after the date mentioned.
As the notice arrived 3 days after the deadline, I had no time to prove the genuineness of my degree. I have proof of receiving the notice with the stamp of the General Post Office, which is dated 10 days after the notice's deadline, i.e., 3 days later than the last date provided to me. Consequently, it has been around 3.5 years since they terminated my employment on the grounds of a fake degree. The company conducts third-party checks, and I believe that incorrect information was provided by the third party or possibly by the concerned University officers.
After my termination, I have not worked in any organization and have faced financial distress, debt, mental sickness, and trauma due to the loss of my job on false grounds of holding a fake degree. I have hospital tickets and prescriptions from government and private hospitals.
Given that it has been 3.5 years, and I have not been employed since, I withdrew my Provident Fund from the same company due to extreme financial distress.
1. Are there any legal remedies available to me now?
2. Is it possible to seek compensation if I can prove that false allegations were made against me regarding the fake degree? What is the procedure, and what compensation could be expected?
3. Can I claim salary from the date of termination until a judgment is reached in a court of law?
4. Which competent authorities can I seek help from, such as the Human Rights Commission, Ministry of HRD, or others?
I appreciate all the seniors who can provide guidance and assistance in this challenging situation.
Zoya
Ghaziabad, NCR, UP
From India, Delhi
*Sorry it was early in 2011 AD i.e. 3.5 yrs ago when I worked for 1 month and then dismissed from this Captive unit of a foreign company.
From India, Delhi
From India, Delhi
Dear Zoya,
Why wake suddenly after 3.5 years? Why did you not prove the certainty of the same on receipt of the letter? Why did you remove your PF (assuming you wrote resigned on the forms)?
Also, the world at large was not aware of the problem due to which you had left your job. Cut the crap about mental trauma and such things. It was plain lethargy from your end that you did not attend any other interviews. If you were so sure about your rightness, you would have lodged the same years ago and not now. Leave self-sympathy and start afresh.
Regards, Ashutosh Thakre
From India, Mumbai
282Why wake suddenly after 3.5 years? Why did you not prove the certainty of the same on receipt of the letter? Why did you remove your PF (assuming you wrote resigned on the forms)?
Also, the world at large was not aware of the problem due to which you had left your job. Cut the crap about mental trauma and such things. It was plain lethargy from your end that you did not attend any other interviews. If you were so sure about your rightness, you would have lodged the same years ago and not now. Leave self-sympathy and start afresh.
Regards, Ashutosh Thakre
From India, Mumbai
You cannot do anything now. Forget the date on the letter; when a notice says you need to respond within 7 days, it does mean 'Respond within 7 days from the receipt of this letter'. Had you responded within 7 days of receiving the letter, things could have been different. Forget 7 days; had you responded even after a month, the company might have considered you. But now it is too late.
Can you prove that your mental sickness was only due to the loss of the job? No.
The company never branded you as a fake degree holder in public. They sent you a letter to prove your claim. You never responded. This, by no means, can be called 'branding'. There is no defamation here.
Submitting doctors' or psychiatrists' prescriptions would land you in even more trouble. Prospective companies would ask for a fitness certificate to hire you. Even then, they will have reservations about hiring you.
Even if we agree with your argument for the sake of it, you don't have any rights as it has been 3.5 years. There is a limitation period of 3 years for these issues.
The best thing is to forget and move on to a new job.
I am not saying your certificate is fake. The reason could be that the university from which you completed your degree was not a recognized one. In such a case, you are a victim and can file a lawsuit against the university. I don't think the limitation clause applies here.
From India, Chennai
Can you prove that your mental sickness was only due to the loss of the job? No.
The company never branded you as a fake degree holder in public. They sent you a letter to prove your claim. You never responded. This, by no means, can be called 'branding'. There is no defamation here.
Submitting doctors' or psychiatrists' prescriptions would land you in even more trouble. Prospective companies would ask for a fitness certificate to hire you. Even then, they will have reservations about hiring you.
Even if we agree with your argument for the sake of it, you don't have any rights as it has been 3.5 years. There is a limitation period of 3 years for these issues.
The best thing is to forget and move on to a new job.
I am not saying your certificate is fake. The reason could be that the university from which you completed your degree was not a recognized one. In such a case, you are a victim and can file a lawsuit against the university. I don't think the limitation clause applies here.
From India, Chennai
Dear Zoya,
My friendly advice to you: please forget the past mistakes, which were mostly on your part. You have lost three and a half precious years of your career by doing nothing. With such an attitude, you can't provide any justification for your unemployment during the next job interviews. I suggest meeting with a good psychiatrist to discuss your problem. You need psychological counseling to come out of the present stage. I wish you the best of luck for your future.
Regards,
Satish Akut
From India, Pune
My friendly advice to you: please forget the past mistakes, which were mostly on your part. You have lost three and a half precious years of your career by doing nothing. With such an attitude, you can't provide any justification for your unemployment during the next job interviews. I suggest meeting with a good psychiatrist to discuss your problem. You need psychological counseling to come out of the present stage. I wish you the best of luck for your future.
Regards,
Satish Akut
From India, Pune
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TAKE CHARGE OF YOUR LIFE.ppt
Translated charge sheet shrigopal soni.doc