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Anonymous
I was terminated from my current employment due to a info security violation which i was not voluntarily part of during Covid lock down. My credentials were blocked and my laptop was taken too for security check. I was asked to give written explanation which i did and also shared my bank statements when asked to show i didn't receive any financial benefit. After 3 months today i was issued termination letter and was told they cant issue any relieving letter/experience letter due to company policy.I am afraid with it my future employment chances are in doubt.
Can i at least expect an experience letter stating my tenure with the company?
Can i divulge this thing and try for future jobs in India with termination letter from a previous employer?

From India, Vijayawada
Dear friend,

You had violated the company's norms of the data security. Considering this as the misconduct, your company initiated disciplinary action against you and punishment awarded was termination. Therefore, this closes the matter.

However, issue of employment certificate has no bearing on misconduct. Both the things are independent. Therefore, I recommend you writing a letter to the MD of the company that the company is double punishment for the same misconduct. This is against the principles of natural justice. There can be only one punishment for one misconduct. But then this is not happening.

Come what may a company needs to issue the experience certificate. It is purely a administrative procedure. An experience letter with negative remarks can be issued only if the employee is terminated on the grounds of moral turpitude. Your misconduct does not come under the category of "moral turpitude".

If the company officials remain defiant then I recommend you approaching the labour office of your area and file a complaint for their failure to issue you the experience certificate. Please note that I am recommending to file a complaint in the labour office and not with the labour lawyer.

Thanks,

Dinesh Divekar

From India, Bangalore
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