Company Is Threatening For Legal Case Not Giving Relieving Letter - CiteHR
Bharat Gera
Principal Hr Consultant
Riteshmaity
Labour Law Advocate

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I was working at senior level in a small organisation from last 5 years. worked very hard and taken up the unit at the next level in terms of performance and profit. last year a project has started in which few of field employees has deviated the process and issued credit to the organisation's associate. due to heavy financial exposure we had decided to stop the project and get the reconciliation done. Debtors had been identified and team has started the debt recovery, after 4-5 months debtor has started showing the interest of repayment and we requested the organisation to go for other process of recovery along with own employees, which not been allowed by management. They started abusing and harnessing people for recovery from employees. The employees who had issued stocks on credit had given consent in writing that they are liable for recovery on stamp paper to the management.I was not part of the any stock issue,cash collection, approvals for stock. A dedicated project manager was looking the project whom reporting was to me.

Last month i got a opportunity for change and put down my resignation in writing to my manager. Initially they have tried to convince me that we cant afford to loose a employee like you, we will hike your CTC, promote etc.But when i tell my willingness to leave due to bad environment and harassment,after 25 days of my resignation they had rejected on the ground of responsibility and accountability of a project which given loss, to finish the recovery with several false allegations on me with threatening of legal action.Which all is false in nature. I have all the documentary evidence which can establish that i haven't done anything wrong.

As per policy of the organisation i have to serve 60 days as notice period, but due to mental shock and getting hurtled by the allegations i have decided to quit asap. As per organisational policy i have written them that i am ready to pay for the shortfall period, which can be deducted from my dues over 45 days of salary, handed over all the assets of the organisation and moved. they have denied for providing relieving and full and final settlement.

Now :- 1. what should i do for taking my relieving and dues 2.what can they do against me
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For the resignation part, it is necessary to consider the content of your appointment letter, resignation letter and rejection of resignation letter. Only upon going through the content a proper reply can be given. As long as the management does not accept your resignation, you are in their roll and entitled to pay. If you have resigned as per notice period then no management can hold you/ reject your resignation provided that there is no pending charges against you. So entire content of three letters is important to draft further reply.
Only upon acceptance of resignation, you may proceed towards your full and final settlement including gratuity. Since your resignation is on hold, you are required to settle this issue first before going into full and final settlement.
1. Every Appointment order has an exit clause for both employer and employee. Since the order is issued by employer, it binds him first and then the employee.
2. In the guise of relieving authority the employer can not hold the employee as bonded employee.
3. Since you were in a senior position, please take advise of some good advocate who handles cases of employees. You should stand on the ground and should take it head on as you are already left the company.
4. After legal advice you can challenge the allegations and demand an independent inquiry in the matter as the charges against you appear to be concocted and baseless.
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