My question is regarding the experience letter I obtained from my previous organization. I have resigned while I was on maternity leave annd couldnt serve the notice period and. Had to pay 3montha salary to get my relieving letter. I couldn't pay that amount at that time so I din't. Now I have made the payment after 3 years to get my relieving letter but they mentioned in my experience letter that I absconded however cleared all my dues and I'm not getting a job though I get selected because off this negative comment. Is it right /legal to mention negative comment after paying the amount to get relieving letter and who do I escalate this issue to
From India, Pune

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In my opinion, it is quite unethical and unprofessional on the part of the employer to treat a resignation without serving the notice period or its buy-out initially but paid the notice salary subsequently as abscondence so as to mar the resignee's future career.

When the employer actually kept the resignation under hold for non-compliance of notice condition by the employee and failed to initiate any disciplinary action for abscondence but releases the relieving orders after collecting the notice salary after 3 years with such a negative remarks, it is only indicative of the malafide intention of the management towards an ex-employee. Factually and legally it is not abscondence. Even if it is done by inadvertence or out of ignorance, it certainly needs appropriate correction by the ex-employer.

I also do not think that the HR people of the organizations from which the poster might have sought employment later are not aware of this but they would have simply rejected her candidature due to the gap in her career.

So the poster can write back to the ex-employer to issue a modified relieving orders accordingly stating forth the above reasons. If they fail to do so or do not respond, initiate a Civil Suit against them for damages.

From India, Salem

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