Hi,
Recently, I was terminated by my employer. It happened while I was uploading my personal data to a third-party website but mistakenly selected another one. My company filed a complaint against me with the Cyber Crime police department. Ultimately, the matter escalated to the point where I had to pay a compensation amount of 1.5 lakh.
During the investigation, they thoroughly checked my systems and drives, but since the data was never downloaded onto any of my systems, it was not found. I ended up paying the 1.5 lakh compensation, and they also withheld two months' worth of my salary.
The data breach incident occurred while I was in my notice period, but the issue was not pursued until 18 days after I was terminated.
I am now wondering if it is possible to obtain my experience letter from my former employer at this juncture.
From India, Bengaluru
Acknowledge(0)
Amend(0)
Recently, I was terminated by my employer. It happened while I was uploading my personal data to a third-party website but mistakenly selected another one. My company filed a complaint against me with the Cyber Crime police department. Ultimately, the matter escalated to the point where I had to pay a compensation amount of 1.5 lakh.
During the investigation, they thoroughly checked my systems and drives, but since the data was never downloaded onto any of my systems, it was not found. I ended up paying the 1.5 lakh compensation, and they also withheld two months' worth of my salary.
The data breach incident occurred while I was in my notice period, but the issue was not pursued until 18 days after I was terminated.
I am now wondering if it is possible to obtain my experience letter from my former employer at this juncture.
From India, Bengaluru
Acknowledge(0)Amend(0)
Hi, Do you think your Employer will provide you with experience certificate after this extreme step ?
From India, Madras
Acknowledge(0)Amend(0)
1153From India, Madras
Acknowledge(0)Amend(0)
But it was done by mistakenly they checked my systems, I paid the amount also. I apologise them when the incident happened.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Hi,
I can understand your pain. But you should have fought or defended your case with your employer while in service. Now that they have gone to the extreme measure of termination, the possibility of getting an experience certificate will be a remote chance. Anyway, you may make a request with your HR and see.
Having no fault on your end, how did you leave things just like that?
From India, Madras
Acknowledge(0)Amend(0)
I can understand your pain. But you should have fought or defended your case with your employer while in service. Now that they have gone to the extreme measure of termination, the possibility of getting an experience certificate will be a remote chance. Anyway, you may make a request with your HR and see.
Having no fault on your end, how did you leave things just like that?
From India, Madras
Acknowledge(0)Amend(0)
The legal team threatened me at the Cyber Crime police station to file an FIR against me. I thought it would impact my career later and also affect the verification process for my passport. So, I stayed silent, and my lawyer advised me to resolve this situation and seek assistance from your HR department.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Ayush,
For the misconduct you committed, you have been given three punishments. The first one is to impose a penalty of ₹1.5 Lakh, the second is to deduct your two months' salary, and the third one is the termination of your services. At best, the former two may be clubbed into one, but still, you have been awarded with two punishments for the same offence.
May it be noted that Indian jurisprudence allows only one punishment for an offence. However, you have been awarded three punishments. Now if the experience letter is withheld, it will be a fourth punishment.
Coming to your query on the issue of the experience letter. Nothing wrong per se in approaching your employer for the experience certificate. While putting forth the demand for the experience certificate, write to them that it should be an unblemished certificate. Any certificate with negative comments is of no consequence as it would destroy your career for a long time.
In fact, HR professionals from your company were expected to show discretion and should have advised the top leadership accordingly while dealing with matters of discipline. Mistakes do happen, and people are awarded punishments. However, those who commit misconduct should not be treated like an enemy.
If the career of an erring employee is smashed by using power like a sledgehammer, it kills the spirit of natural justice. Unfortunately, very few HR professionals understand the rationality of administering justice.
Anyway, go ahead and approach your ex-employer for the experience letter. Possibly there could be a levelheaded person on the other side who may listen to your entreaty!
All the best!
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
For the misconduct you committed, you have been given three punishments. The first one is to impose a penalty of ₹1.5 Lakh, the second is to deduct your two months' salary, and the third one is the termination of your services. At best, the former two may be clubbed into one, but still, you have been awarded with two punishments for the same offence.
May it be noted that Indian jurisprudence allows only one punishment for an offence. However, you have been awarded three punishments. Now if the experience letter is withheld, it will be a fourth punishment.
Coming to your query on the issue of the experience letter. Nothing wrong per se in approaching your employer for the experience certificate. While putting forth the demand for the experience certificate, write to them that it should be an unblemished certificate. Any certificate with negative comments is of no consequence as it would destroy your career for a long time.
In fact, HR professionals from your company were expected to show discretion and should have advised the top leadership accordingly while dealing with matters of discipline. Mistakes do happen, and people are awarded punishments. However, those who commit misconduct should not be treated like an enemy.
If the career of an erring employee is smashed by using power like a sledgehammer, it kills the spirit of natural justice. Unfortunately, very few HR professionals understand the rationality of administering justice.
Anyway, go ahead and approach your ex-employer for the experience letter. Possibly there could be a levelheaded person on the other side who may listen to your entreaty!
All the best!
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Hello,
In reference to the above, you can discuss with HRD and try to explain the situation to them. If they refuse to issue your service experience letter, you can take the matter to court or file an online complaint against them. If you encounter any difficulties, you can communicate with us. Remember, this is a tough situation, so you have to handle it carefully.
Acknowledge(0)Amend(0)
In reference to the above, you can discuss with HRD and try to explain the situation to them. If they refuse to issue your service experience letter, you can take the matter to court or file an online complaint against them. If you encounter any difficulties, you can communicate with us. Remember, this is a tough situation, so you have to handle it carefully.
Acknowledge(0)Amend(0)
Thank you, Dinesh, for helping me with this topic. I understand the issue of punishments better now, thanks to your comments. As you suggested, I have requested HR to engage with the management further and assist me with this matter. I really appreciate your support.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Hi,
Not sure how long you were associated with this company. If the period of employment is less than 6 months and no PF was deducted, it is better not to show this company experience. However, in the case of PF being deducted with UAN, then you have no option.
After making the payment of 1.5 Lakhs, you should have negotiated with your employer through your advocate for proper relieving - this is my personal opinion.
Anyway, as you hired the services of an advocate, it's better to make the request through the advocate. Generally, advocates know the tactics of how to trap the opponent. There are ways to get it. Please check with your advocate.
From India, Madras
Acknowledge(0)Amend(0)
Not sure how long you were associated with this company. If the period of employment is less than 6 months and no PF was deducted, it is better not to show this company experience. However, in the case of PF being deducted with UAN, then you have no option.
After making the payment of 1.5 Lakhs, you should have negotiated with your employer through your advocate for proper relieving - this is my personal opinion.
Anyway, as you hired the services of an advocate, it's better to make the request through the advocate. Generally, advocates know the tactics of how to trap the opponent. There are ways to get it. Please check with your advocate.
From India, Madras
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
No Due Certificate.doc
Termination-emp loyment_563.pdf