Dear Seniors,
Kindly note that I served a month's notice before my resignation was accepted (actually 20 days, and 10 days were adjusted from the PL) by my ex-employers. Before my resignation was accepted, a handover-takeover was done formally on paper and also on software. Now, after joining the new company, my previous boss started complaining that I colluded with clients in my previous company and was a partner in some unlawful activity, so my full and final settlement shall be on hold. Please note that it has been 75 days since my resignation, and no formal mail or letter has been sent stating the reason for keeping my settlement on hold. All the request emails I have sent have gone unanswered. Some of my bosses also threatened me telephonically that they will ruin my career.
How can someone hold me responsible for a location or a case when the handover and takeover were done very well? Even the resignation mail was accepted, and the date was mentioned as my last working day.
What to do, please help. I am under huge stress and mentally disturbed.
Regards,
Avirupa
From India, Mumbai
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1Kindly note that I served a month's notice before my resignation was accepted (actually 20 days, and 10 days were adjusted from the PL) by my ex-employers. Before my resignation was accepted, a handover-takeover was done formally on paper and also on software. Now, after joining the new company, my previous boss started complaining that I colluded with clients in my previous company and was a partner in some unlawful activity, so my full and final settlement shall be on hold. Please note that it has been 75 days since my resignation, and no formal mail or letter has been sent stating the reason for keeping my settlement on hold. All the request emails I have sent have gone unanswered. Some of my bosses also threatened me telephonically that they will ruin my career.
How can someone hold me responsible for a location or a case when the handover and takeover were done very well? Even the resignation mail was accepted, and the date was mentioned as my last working day.
What to do, please help. I am under huge stress and mentally disturbed.
Regards,
Avirupa
From India, Mumbai
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If you were governed by the Shops and Establishment Act or the Industrial Disputes Act, then after the expiry of a 30-day period or a 20-day period and after the adjustment of 10 days of earned leave (EL), you are deemed to be relieved. Send a representation to the concerned inspector to obtain your relieving order. If you are still unable to obtain it, please come back again.
From India, New Delhi
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From India, New Delhi
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Dear Sir,
Thank you for your prompt reply. It's a collateral management company, and I have no idea about the "Shops and Establishment Act" or the ID Act. Is it possible that my ex-employers may send a notice to me, as they are presently threatening to do so, even though 75 days have passed?
Regards,
Avirupa
From India, Mumbai
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Thank you for your prompt reply. It's a collateral management company, and I have no idea about the "Shops and Establishment Act" or the ID Act. Is it possible that my ex-employers may send a notice to me, as they are presently threatening to do so, even though 75 days have passed?
Regards,
Avirupa
From India, Mumbai
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It is apparent that you were covered under Shops and establishment Act. You need not worry. Pursue the remedy as suggested.
From India, New Delhi
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From India, New Delhi
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Dear Sir,
Thank you for the reply. Today, my ex-superior boss called me and informed me that if I do not return to my previous workplace to assist in resolving an issue, they will send a complaint notice to my current company.
I am unsure what to do in this situation. Any advice would be greatly appreciated.
Regards, Avirupa
From India, Mumbai
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Thank you for the reply. Today, my ex-superior boss called me and informed me that if I do not return to my previous workplace to assist in resolving an issue, they will send a complaint notice to my current company.
I am unsure what to do in this situation. Any advice would be greatly appreciated.
Regards, Avirupa
From India, Mumbai
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You can tell him that you would sue him for damages for defamation and prosecute him for criminal defamation, apart from prosecuting him under the Shops and Establishment Act. Send a legal notice through a lawyer.
From India, New Delhi
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From India, New Delhi
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Dear Sir,
Thank you for the prompt reply. Sir, it is a corporate company... does it come under the Shop and Establishment Act? Could you please elaborate on whether an employee can be held responsible for something after a successful handover-takeover process?
Regards,
Avirupa
From India, Mumbai
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Thank you for the prompt reply. Sir, it is a corporate company... does it come under the Shop and Establishment Act? Could you please elaborate on whether an employee can be held responsible for something after a successful handover-takeover process?
Regards,
Avirupa
From India, Mumbai
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As I said earlier, apparently, that company is covered under the Shops and Establishment Act. After your resignation was accepted by your employer, he cannot now issue you any threats unless you had committed any penal activity, e.g., misappropriation. Acceptance of resignation is a conscious act. Under the said Act, he could have recovered damages for the loss caused to him in the manner provided. But now it is too late. You pursue the remedy as suggested.
From India, New Delhi
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From India, New Delhi
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Dear Sir,
I think I need to elaborate on the matter a little more. There has been an incident of fraudulent activity in one of our locations. I came to know about the same after 2 months of starting the location. I informed the management about it, and then I was instructed that there is no need to communicate in a written or formal way as they would handle it.
After receiving a better offer, I submitted my resignation after 20 days and also served a notice period of 20 days along with a 10-day PL adjustment. On 31st Oct '14, my resignation was accepted over email while keeping the HR in the loop. After successfully resigning and completing the handover-takeover process, I joined a different company. However, the previous company has put my entire dues on hold, stating that I knew everything and did not report on time.
It appears that my bosses never informed the upper management about the incident when I reported it. Now, they are attempting to involve me in the situation and threatening to send me a notice or a letter to my current employer.
Please note that my previous role was that of a Business Development Manager (BDM), and I had nothing to do with the operations. However, upon verbal request from my superior, I visited that location sometimes, but nothing went wrong during my visits. Additionally, independent audits were conducted by our auditors while the location was operational, and nothing wrong was ever reported.
Regards,
Avirupa
From India, Mumbai
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I think I need to elaborate on the matter a little more. There has been an incident of fraudulent activity in one of our locations. I came to know about the same after 2 months of starting the location. I informed the management about it, and then I was instructed that there is no need to communicate in a written or formal way as they would handle it.
After receiving a better offer, I submitted my resignation after 20 days and also served a notice period of 20 days along with a 10-day PL adjustment. On 31st Oct '14, my resignation was accepted over email while keeping the HR in the loop. After successfully resigning and completing the handover-takeover process, I joined a different company. However, the previous company has put my entire dues on hold, stating that I knew everything and did not report on time.
It appears that my bosses never informed the upper management about the incident when I reported it. Now, they are attempting to involve me in the situation and threatening to send me a notice or a letter to my current employer.
Please note that my previous role was that of a Business Development Manager (BDM), and I had nothing to do with the operations. However, upon verbal request from my superior, I visited that location sometimes, but nothing went wrong during my visits. Additionally, independent audits were conducted by our auditors while the location was operational, and nothing wrong was ever reported.
Regards,
Avirupa
From India, Mumbai
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The earlier bosses seem to harass you. Please pursue the remedies suggested earlier. You should be able to send an appropriate legal notice to them and, if necessary, file a criminal complaint against previous bosses after getting detailed facts from you. If you are a female, then more strenuous action can be thought of against them.
From India, New Delhi
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From India, New Delhi
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Full n final settlement.doc