Saswatabanerjee
Partner - Risk Management
Kknair
Hr, Ir, Law, Disc. Matters
+2 Others

Thread Started by #BeautifulMind1231

Hi,

I Left my 1st organisation in May 2012.My Tenure with the Organisation was 7Years and 5 Months. I tendered a proper Resignation before Leaving, however i couldnt serve the notice period due to certain obligations with the new Firm i had to Join. However it was a verbal agreement between me and my then current manager, that i could stand releived from my duties.(Although the company clauses do state serving a 30 day notice)However Post leaving, this organisation i continued to get my salary for next 4 months. which i didnt report to the Oranisation. It was absolutely a negligence on my manager's part not to raise a separation request with the concerened payroll team due to which i contnued to be on the payroll of the organisation.

Post 4 months, the salary stopped, to which i again neglected.

Recently when i contacted them, they have quoted due arrears from my side, which they want me to pay, post them dedcuting my gratuity and other f&f allowances.

Also, my Notice Period is not waived considering i worked with the organisation for 7.5 years which is a long time. i was an extremely dedicated and loyal employee of the firm.

Also, all the communication for the f&f has been from my side, and they havent initiated a single dialogue. (Considering they dont really care,given their past unprofessional actions). I also tried calling up my previous manager , who hasnt picked my phone calls or responded to my sms. I would like to know what are my Rights in such a case, as i want my releiving letter, pf, and other dues back from the organisation.

Hoping to hear from you soon.
8th May 2013 From India, Gurgaon
In your case your ex employer is legally entitiled to recover the extra 4 months salary paid to you and also recover the salary against notice period.
The verbal settle you had has no value unless there is something in writing.
You were getting salary getting credited in your account and not intimating the same to the organization deliberately is very unprofessional and unethical approach. Your actions itself creates doubts on your credibility.
I dont understand how you are considering yourself a dedicated and loyal employee.
Go and meet the HR person and settle the issue mutually after paying them the amount you have received extra and notice period salary.
Always keep in mind you can't have a cake and eat it too.
regards,
kamal
9th May 2013 From India, Pune
Thanks for throwing Light into this matter Kamal.
Although i never denied returning the extra 4 months salary, however i strongly feel that they should have given me some releif on the notice period waive off. Considering the fact that i served them for 7.5 years.
However i will definately connect with my previous employer/hr and settle this matter.
Thanks again
9th May 2013 From India, Gurgaon
Dear, Further to what Kamal said, you cannot expect an organisation to respond positively after you have pocketed four month's salary. I can understand being overpaid for one or max. two months but three months and beyond, as well as your keeping quiet in the matter cannot leave any confidence of fair dealings with you. Considering your interest to resolve the matter, it is better to approach the HR Department and make a clean breast of the thing. Most probably, once you pay back whatever is not due to you they may agree to waive off part of the notice period. Remember when your hands are not clean, you cannot expect a fair deal.
KK
10th May 2013 From India, Bhopal
Just to take an example, an employee in our office on study leave was given full salary for a month (in excess of his accumulated leave). Immediately in getting credit, he sent a mail back saying that it seem to be a mistake and offering to issue a Cheque immediately for the excess.
Someone like him, I will consider and help. Someone like you who is unethical and ready to take undue advantage, I will make life as difficult as I can. Incidentally, I hope you realise that in future any background verification with the earlier company will definitely give a negative feedback.
11th May 2013 From India, Mumbai
Dear,

First of all for an employer, the credibility, ethical practices and integrity of high level are expected from any employee irrespective of level, competency and experience of employees. Please note that the company has a lot of methods to recover the amount paid to you which you are not legallly entitled. You have pocketed the 4 months salary and you have also pocketed the 7.5 years of salary with a such unethical exit.

All of us in company at different deciding authority levels, first and at least expect this and that is what is all about relationship. You have left behind a negative impression and adverse remark. You do not bother the after affects in your career. Damage is already done by your deliberate action. What about your elders, friends and colleagues in your present company and importantly your spouse in your life. Your spouse should have advised you in your moves.

But for taking corrective steps, there is never too late. Immediately if not already done repay the 4 months salary. And ask for dues if properly exited.Mind you we as professionals look for background verification of candidates especially in employment history. I am myself running background checking company ( not mere verification ) in Chennai since 2005 and I have given a candid negative report if there is any iota of doubt in integrity and ethical practices in the previous companies. We can find out easily such things over a period time with different 600 sets of profile that we have managed so far.

Learn from the mistakes in your career and life. I fail to understand how your people around you have not prevented you from doing this. They may think that no one notices and it can happen silently. Also advise and tell them that this wrong must be undone boldly if not done already.

V. Rangarajan. Chennai)
11th May 2013 From India, Pune
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