Anil.arora
Administration Head
Tajsateesh
Recruitment/talent Acquisition, Career Counselling

Thread Started by #Anonymous

Hello Cite HR members,
Please suggest me for my problem:
I got an offer from a small software firm. I have signed the offer letter with them and they have asked me for two cheques as security.
One of rupees 100 to check whether the bank account is active and they have en cashed the same next day.
The other cheque was for Rs. 1 lac as a security cheque against the bond for 1 year.
The offer letter i signed had a clause, that i will serve the bond of 1 year. It was just mentioned on a A4 sized paper with no other stamp paper in it.
But due to some personal reason,I was unable to join the firm. I informed the same to HR 7-8 days before the joining date.
Now the company HR and Director are asking me to join or they will use the security deposit cheque of Rs. 1 lac into the bank. I have informed them before joining that i will be unable to join and has not joined even for a single day.
Please let me know if this is ethical or the compnay can take any legal actio
29th May 2013 From India, Indore
#Anonymous
Dear Member, As there is no comment yet, Please help me with your valuable suggestions for my problem. I will be very thankful to you. Thank you, Regards, Rajesh
30th May 2013 From India, Indore
Hello Lokrajesh,

It's ABSOLUTELY UNETHICAL & ILLEGAL.

You mentioned '....informed the same to HR 7-8 days before the joining date'--was it verbally or thru mail?

Was the Second cheque UNDATED? If yes, FIRST issue a STOP PAYMENT advice to your Bank, even though you may not have balance in the account. If the company deposits the cheque & it bounces, that will become a criminal offense & you will be stuck into another more worrying situation. Hope you got the point.

Coming to how to handle the company, send them a mail referring to your earlier e-mail informing them about your inability to join [IF the earlier interaction was only verbal, then mention that you told so & so on so & so date over telephone] & that you have been advised by your legal advisor/lawyer that what they are proposing to do is illegal [don't need to talk about 'ethics' with these guys, since they only understand the Legal language] & IF they go ahead with their threats, you won't & can't be held responsible for any consequences, including, but not limited to, costs of the case.

Suggest talk to any lawyer you know to get this mail drafted in legal language--so that you have clarity right from the first step.

All the Best.

Rgds,

TS
30th May 2013 From India, Hyderabad
#Anonymous
[QUOTE=lokrajesh;2059961]Hello Cite HR members,
Please suggest me for my problem:
I got an offer from a small software firm. I have signed the offer letter with them and they have asked me for two cheques as security.
One of rupees 100 to check whether the bank account is active and they have en cashed the same next day.
The other cheque was for Rs. 1 lac as a security cheque against the bond for 1 year.
The offer letter i signed had a clause, that i will serve the bond of 1 year. It was just mentioned on a A4 sized paper with no other stamp paper in it.
But due to some personal reason,I was unable to join the firm. I informed the same to HR 7-8 days before the joining date.
Now the company HR and Director are asking me to join or they will use the security deposit cheque of Rs. 1 lac into the bank. I have informed them before joining that i will be unable to join and has not joined even for a single day.
Please let me know if this is ethical or the company can take any legal action.
Thank you,
Regards,
Raj
30th May 2013 From India, Indore
[QUOTE=lokrajesh;2060050][QUOTE=lokrajesh;2059961]Hello Cite HR members,
Please suggest me for my problem:
I got an offer from a small software firm. I have signed the offer letter with them and they have asked me for two cheques as security.
One of rupees 100 to check whether the bank account is active and they have en cashed the same next day.
The other cheque was for Rs. 1 lac as a security cheque against the bond for 1 year.
The offer letter i signed had a clause, that i will serve the bond of 1 year. It was just mentioned on a A4 sized paper with no other stamp paper in it.
But due to some personal reason,I was unable to join the firm. I informed the same to HR 7-8 days before the joining date.
Now the company HR and Director are asking me to join or they will use the security deposit cheque of Rs. 1 lac into the bank. I have informed them before joining that i will be unable to join and has not joined even for a single day.
Please let me know if this is ethical or the company can take any legal action.
Thank you,
Regards,
Raj
30th May 2013 From India, Indore
#Anonymous
Hello Cite HR members,
Please suggest me for my problem:
I got an offer from a small software firm. I have signed the offer letter with them and they have asked me for two cheques as security.
One of rupees 100 to check whether the bank account is active and they have en cashed the same next day.
The other cheque was for Rs. 1 lac as a security cheque against the bond for 1 year.
The offer letter i signed had a clause, that i will serve the bond of 1 year. It was just mentioned on a A4 sized paper with no other stamp paper in it.
But due to some personal reason,I was unable to join the firm. I informed the same to HR 7-8 days before the joining date.
Now the company HR and Director are asking me to join or they will use the security deposit cheque of Rs. 1 lac into the bank. I have informed them before joining that i will be unable to join and has not joined even for a single day.
Please let me know if this is ethical or the company can take any legal action.
Thank you,
Regards,
Raj
30th May 2013 From India, Indore
Hello Tajsateesh,
Thanks a lot for your valuable comment and views. It is very helpful for me.
I have already sent them a email mentioning that I will be unable to join the firm. The date on the cheque was not mentioned and now I have done stop payment of the cheque. As of now after the final discussion with the director of the company, they have not sent me any mail or legal notice. Do i need to accept the notice if they send to me or i can simply ignore it? Do i have to again mail them that i have already informed you prior joining as I have already mailed the same before. Please let me know.
Thanks a lot for your time,
Regards,
Raj
30th May 2013 From India, Indore
Hi Raj,

I second TS, you need to make STOP CHEQUE REQUEST immediately.

Second, you need to inform your employer that you are not willing to join them due to your valid reason by sending a letter by register ID. Moreover, need to enclose your appointment letter, all conversation (by email or phone) held with them till now, and by defining the clause in a letter about deposited cheques which was undated and one of them was encashed by them. This will help you a lot in future, if they took any action against you or in any legal complication.

Second, if there was no clause and written agreement over en-cashing the said cheque (whether your bank account is active or not) your case became strong, because Employer has no write to do so.

Third, if you feel comfortable, can you please share the required clause regarding agreement of employment and deposited cheques.

Lastly, I wanna say something to you and to all the members, please be wise and aware with these kind of cases and must not agree to employment or conditions of depositing undated cheque as security. You have every right to object and for denial of conditions which not met to your social and professional security. Appointment/ Employment Letter is an agreement between two parties where both of them have to agree to follow each applicable conditions, please read and understand before signing it.

Mr Raj you say, you gave them two undated cheque as a security that you will join and work with them and agreed the terms duly sign, but have you returned/offered the same favor by them (Employer)?

I seriously cant buy this and hope you will understand and take wise actions in future as this is the question about professional and social/personal security.
1st June 2013 From India, Gurgaon
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