Final Settlement And Mental Harassment - CiteHR
Ashutosh Thakre
Hr Professional
+1 Other

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I was working with a company 3 months back. They told me one day that my performance is bad and I have to leave the company. But company will pay me 1 month salary and the last month salary for the days I worked. Also, when I joined the company I took a joining bonus amount which I was supposed to return if I leave the company before 2 years. Since they asked me to leave before 2 years, I asked them to waive off my joining bonus recovery. HR agreed to it and told me that I should take Manager\'s approval for this. My manager approved this. And they told me that I can collect my settlement amount after 45 days. They also told me to write a resignation letter on the same day. After 45 days, they told me to come after 2 weeks as my case is complicated. I called them again after 2 weeks and they told me to come and collect the cheque. When I went there, I asked them why they deducted my joining bonus amount. To which they said, it\'s company policy and they cannot change it. Now they sent me a notice that I took the letter illegaly from them and I threatened them. But I didn\'t do anything. Infact, I was just asking them a logical explanation for this. They also wrote to me that they will file a police complaint against me. What should I do now?
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Please elaborate your query when you went to collect the cheque, did they gave you and did you accepted it. Secondly what letter you took illegally kindly explain to give you a fair view. Last but not the least the Notice is from your company or from any lawyer ???
Thanks for the reply.

1. I went to collect the cheque on 2nd August. They gave it to me but I did not accept it. Instead I asked them to allow me to talk to Senior HR or CEO, so I can clarify the matter. To which they denied and told me to come later. Infact, they threatened me to leave the office or they will spread bad words about me in other companies so that my career will be destroyed. Also, one HR guy told me that he can physically attack me if I not leave.

2. I did not took any letter illegally. When my manager asked me to leave (in HR cabin), HR was present there and they already took my laptop and seized my desk. I told them that I have to pay the joining bonus to company but since they are asking me to leave, do I have to pay it? They (HR and Manager) told me that I don't need to pay this. So I asked them to give this in written (I had few bad experiences about verbal communication with the company). HR told me that only my manager can approve this. Also, they asked me to send a resignation email as this is the company policy. I added the line to waive off my joining bonus in the same email. My manager replied in the same email (HR was in CC) that joining bonus is waived off. Then, HR took the print out of the email and got it signed from manager and applied the company stamp on it. Since HR was in the loop all the time, I thought it will not be a problem.

3. Notice is from the company. I haven't received any money from them but they are asking me to pay the joining bonus.

Thanks,

Anuj
Dear Team, Recently we planned quality circles in my organization, totally we have 5 teams, Kindly suggest me on team names, Please share me suitable name to the teams and do the needful please.
Thanks for your prompt reply, please be informed that the joining bonus are paid only to few of the candidates as a special case, wherein if the conditions are not fulfilled the same has to be returned back without any hiccups legally. Any reporting manager cannot waive it all of a sudden unless he is authorized to. So you are hereby requested to settle the issue amicably sitting across the table in a polite way
Thank you for understanding the issue. I just have one last query:
Even if they asked me to leave the company, am I bound to pay that joining bonus? I tried to resolve this matter in polite way but they don't even talk to me. They are completely ignoring me.
Legally you have resigned and they have not terminated you, you do not have any ground to fight other than a smooth exit. Let it be a learning and move on than cribbing for the loss.
Dear Anuj,
Why do you not speak with the company seniors? You can write an email directly to them and seek their time. You can also approach them directly and present your case to them.
From all the above matters its clear that you have resigned and were not terminated. Have you in your resignation letter mentioned that you are resigning as the company has told you to do so? If thats the wording and that's been accepted by the company, then yours a termination case.
But try and amicably settle the matter.
Regards,
Ashutosh Thakre
Dear Anuj,
Most of the problems occur and get complicated when we do not want to have mutual interaction with the management. In line with my other colleagues I would also suggest to have one to one interaction with the management representative who matters and try to sort it out amicably.
Thanks and regards
S.K.Johri
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