Dinesh Divekar
Business Mentor, Consultant And Trainer
Insolvency N Gst Professional

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Hi All,
I have recently lawfully resigned from my previous company after serving the notice period. But company had put on hold my full and final. Recently they called me and said they have opened one old (more than one year) case of onsite trip. They told, you submitted inflated bills ( mean paid less and asked the service provider to issue a inflated bill). I have not done so, i have proper bills and paid same to the vendor.
Now my queries are:
1) Can they terminate me by putting some absurd blame?
2) Will I get my reliving and experience letter along with full and final if they put some absurd blame?
3) Can HR ombudsman involve police to investigate? I am very afraid for this option as nobody wants to face police unnecessarily. Can they track mobile calls and laptob data?
4) I asked above point because to make their case they can show you talked to this and that on that date …
Please respond.

From India, Bangalore
Dear Coolgemni20,

There are various dimensions to your post. To bring clarity, we need to look at all the dimensions. Before submitting the claim, did you preserve the photocopies of all the bills? Did you preserve at least the soft copy?

If you are confident of coming clean then you may write to your ex-company to conduct the domestic enquiry to prove your innocence.

Nevertheless, the basic problem is that is there someone who is nursing grudge against you? Why company has dug up bill that is more than one year old? Being ex-employee, are you someone's soft target?

Is some third party audit of company's accounts is going on? Has the auditing agency raised this point in their audit report? Occasionally auditors also show logical overreach. However, if domestic enquiry is ordered then you can prove your point.

Final comments: Gentleman/gentlewoman, please show prudence while handling the matter. While dealing with them, do not use phrases like "absurd blame". This type of language could incense the authorities further and situation could take different turn unnecessarily. Be calm, be composed. As such you are "coolgemini", therefore, do not lose your cool. By chance if company implicates you falsely, find out for what amount they have objection. If the amount is not that high then reimburse the amount and settle the matter. What you need is your proper relieving letter and for the sake of this letter you need to do truce with few unfavourable concession(s). Prove your point steadfastly but be ready for amicable outcome.

As far as approaching police is concerned, it is far fetched reasoning. Company could approach police provided they order the domestic enquiry and you refuse to depose before the enquiry.

Outcome of this issue depends on the what is the mood or attitude your company officials has. Do they have any prejudice against you? Law says that nobody is guilty till it is proved. But what if your company officials presume that you are guilty and onus lies on you to prove your innocence? This would be worst case scenario. If the company authorities show unwarranted inexorableness then you may have to take route of litigation. Therefore, you might have to approach some lawyer. However, as of now wait for comments from other senior members

All the best!

Dinesh Divekar

From India, Bangalore
What position were you holding in the company?
If you are sure that you have not submitted inflated bills,then you need not worry.
If you are blamed your relieving papers can carry a negative remark.
In your place,I would have gone across to the company and frankly asked them what is the problem/
It appears to be a case where some one is fingering you.( I presume that you are telling truth when you say -no fudging)
Calling police and all is far away.
Why are you thinking in terms of police being called by the company and tracking of laptops,calls etc.
Please furnish full facts s that members can give ideas and help.

From India, Pune
Thanks Dinesh and Nathrao for providing your valuable inputs.

Some clarification am providing

1) I had saved soft copies at time of submission but by now i have deleted as this one year old.

2) Thanks for pointing for language i will keep my cool and will behave professionally.

3) Why inquiry started: As per HR some audits are going on hence they have put my full final on hold. After few days i got a call from ombudsman of company.

4) I am assuming domestic inquiry is on by internal ombudsman.

5) Option to settle down: They gave me one option that " You accept charges and will recover the cost and handover to you to your letters.

My Point: Why should i accept when i didnot commit that.

But right now as per Dinesh advice , i will consider to settle down by paying the difference but without accepting, just to get the letters.

6) I was in lead position.

7) Why i thought of police: Because they told me not to contact any vendor without informing us. As per my knowledge no one can come to know whom i contacted without police gets a court order. ( Your ISP stores all data). I just wanted to call one of the vendor and inquire him that has he ever gave any inflated bills to anybody?

But as now i have dropped that idea also as i dont want to make matter complicated. i leave this to internal inquiry.

8) My final comments:

As no body touched termination as they think is irrelevant and also as per my knowledge employer can not terminate if employee has already resigned.

How can i prove my innocence if asked to? I can only state what i already told them that i paid for what ever i get bills.

If company insists then what are ways to persuade them to settle by recovering the cost but without forcing me to accept and not making any negative on relieving letter.

From India, Bangalore
Just one point , i guess as of now i just wait for internal inquiry to finish and then i may take decision of going to Lawer etc.. Suggestions are welcome anyway i will keep updating ..
From India, Bangalore
Why inquiry started: As per HR some audits are going on hence they have put my full final on hold. After few days i got a call from ombudsman of company.
If enquiry has started ,have they given you chance to prove your side of the story?
""" You accept charges and will recover the cost and handover to you to your letters.""
One must be very careful in committing to any wrong doing/overcharging etc.
What is the amount involved in the transaction?
Actually fullest of facts need to be informed before one can really comment.
Care and caution is needed in tackling the whole thing.

From India, Pune
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