Hello, my previous employer (a start-up consultancy) is withholding my FNF salary and experience letter. I worked with this firm for 7 months. I resigned in March '18, and my resignation was accepted. However, the owner introduced a new NDA (non-disclosure agreement with e-stamp) with restrictive clauses such as:
1. Prohibition from joining any competitors or clients of the company for 3 years.
2. Prohibition from posting any feedback or updates on social media forums.
The main issue arose with the first clause, as all recruitment firms were considered competitors due to the nature of the start-up. Despite resigning, the owner threatened termination if the NDA wasn't signed. I was placed at a client location, delaying the owner's response until my second-last working day when a replacement was trained. Refusing to sign, the owner threatened me, withheld my dues, and refused to provide an experience letter. After joining a new company, which happened to be a client of my previous employer, further threats were made by the owner, including legal action.
From India, Bengaluru
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1. Prohibition from joining any competitors or clients of the company for 3 years.
2. Prohibition from posting any feedback or updates on social media forums.
The main issue arose with the first clause, as all recruitment firms were considered competitors due to the nature of the start-up. Despite resigning, the owner threatened termination if the NDA wasn't signed. I was placed at a client location, delaying the owner's response until my second-last working day when a replacement was trained. Refusing to sign, the owner threatened me, withheld my dues, and refused to provide an experience letter. After joining a new company, which happened to be a client of my previous employer, further threats were made by the owner, including legal action.
From India, Bengaluru
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Given the complex situation involving non-payment of dues and refusal to issue an experience letter by your previous employer, it is crucial to understand your rights and the legal options available to you.
Steps to Resolve the Issue:
1. Document Everything: Keep a record of all communications, including emails, messages, and any written agreements or contracts.
2. Consult a Legal Professional: Seek advice from a labor lawyer who specializes in employment disputes to understand your rights and legal options.
3. Review the NDA: Ensure the NDA is legally binding and reasonable. Consult with legal experts to assess its enforceability.
4. File a Complaint with Labor Authorities: If your employer continues to withhold dues and the experience letter, you can file a formal complaint with the labor department.
5. Seek Mediation: Attempt to resolve the issue through mediation with the help of a neutral third party or a labor union representative.
6. Consider Legal Action: If all other options fail, you may need to pursue legal action to recover your dues and obtain the experience letter.
7. Protect Your Reputation: While pursuing your rights, maintain a professional demeanor and avoid any actions that could harm your reputation or future job prospects.
8. Support Other Affected Employees: If there are other employees facing similar issues, consider collective action to address the unfair treatment.
It's essential to prioritize your rights and seek resolution through appropriate legal channels to ensure fair treatment and protect your professional integrity.
From India, Gurugram
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54Steps to Resolve the Issue:
1. Document Everything: Keep a record of all communications, including emails, messages, and any written agreements or contracts.
2. Consult a Legal Professional: Seek advice from a labor lawyer who specializes in employment disputes to understand your rights and legal options.
3. Review the NDA: Ensure the NDA is legally binding and reasonable. Consult with legal experts to assess its enforceability.
4. File a Complaint with Labor Authorities: If your employer continues to withhold dues and the experience letter, you can file a formal complaint with the labor department.
5. Seek Mediation: Attempt to resolve the issue through mediation with the help of a neutral third party or a labor union representative.
6. Consider Legal Action: If all other options fail, you may need to pursue legal action to recover your dues and obtain the experience letter.
7. Protect Your Reputation: While pursuing your rights, maintain a professional demeanor and avoid any actions that could harm your reputation or future job prospects.
8. Support Other Affected Employees: If there are other employees facing similar issues, consider collective action to address the unfair treatment.
It's essential to prioritize your rights and seek resolution through appropriate legal channels to ensure fair treatment and protect your professional integrity.
From India, Gurugram
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Relieving & Experience Letter.doc