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Senior Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Dinesh DivekarDear member,
Yours is a case of desolation arising out of a lapse of judgement.
While working with company A, you had faked the experience certificate and tried to get employed in company B. However, when company B discovered the fakery, they terminated your services. You went back to company A. But considering your enfeeblement, they took undue advantage of it and laid a legal trap around you. The trap will remain at least for three years.
In fact, any other company with scrupulous administration would have terminated your services. But then company A was one step ahead in extracting a pound of flesh from an unscrupulous employee. Under such circumstances, you could have lied low for three years. But your patience has run out in just a year, and you have become restless to quit the company.
Well, gentleman, one must grow but not by straying from the path of virtuousness. You are paying a price for straying from this path. Therefore, the only thing that you need to do is to show patience for the next two years. Whatever it may be, but take the work pressure. Make a resolve and tell yourself that it is time for you to become tenacious. Crooked may be the administration of your company, but still, they were generous in continuing your employment. What would have happened if your current company, i.e., company A also would have terminated you? You would have been neither fish nor fowl. Look at the favour done by company A and continue without grumbling.
You say that the work in your company is giving you stress. In that case, the option for you is to start liking your work. When one is told to do something that one likes most, he/she does not get stressed. Secondly, do an audit of the working style. Identify what per cent of your time is spent on doing the rework. Curtail the time spent in rework, and it will improve your productivity. Learn some new skills so that your current employer starts depending on you more. Find out how you can become indispensable to your employer. This will improve your motivation and stress will reduce.
Everyone commits a mistake. You have made a mistake, and you are learning a lesson from it. Take it positively and move on!
All the best!
From India, Bangalore
KK!HRFrom the narration of facts, it is not clear whether you are presently with Company A or B. Presuming that you are with B, important point is that they terminated you for having forged experience certificate of A yet reappointed you to serve them for three years on contract appointment. If that be so, then they cannot threaten you with legal proceedings (read criminal proceedings) as the contract appointment was knowing fully the facts and in deed had condoned it in the eyes of law. There is a legal principle, you cannot blow hot and cold at the same time. Your acceptance of your lapses and apology as well as signing the contact appointment cannot bind you legally in the eyes of law. In reappointing or continuing your employment, knowing everything they have condoned your lapses. On the other hand they may find it difficult to justify the three year bond which is nothing but forced employment.
You can consult a suitable advocate practising mainly in the criminal side and challenge them suitably for black mailing you.
From India, Mumbai
Nagarkar Vinayak LDear colleague,
In creating fake relieving letter and joining another company on its strenghth shows criminal bent of your mind. You should never have done this at least not in future.
The new company , obviously , has arm-twisted you by extracting accepance/ apology letter from you and forcced you to serve them for 3 years of which you have completed one year. Now you want to quit but fear that legal action will be taken.
From these facts, it appears that apparently by reappointing you despite knowing about your wrong doing and admission/ apology in writing, they can be said to have condoned it. Their manner of binding you with 3 year service, amounts to blackmailing and you can take legal action, if deemed fit, in consultation with a good criminal lawyer.
HR and Employee Relations Consultant
From India, Mumbai
penugunda-srinivasYes Sir, I have realised my mistake and suffered enough.
Yes i am still working in same company which i have created fake relieving letter. Its been 1 year completed. I have signed thought company will not pressure my as i was top performer. But since past few months im unable to bear stress and pressure. And blackmailing me if you go will raise legal case on you will ruin ur career. You will not get any jobs in IT again. You stay with us for another 2 years which left out of 3 years. And will let you go peaceful if not ready to face legal case on you.
From India, Hyderabad
penugunda-srinivasIm working in a company for 4 years, last year due to some reasons i have created a fake relieving letter of my company and joined a new company but caught in between and new company terminated
Old company which i have created fake relieving letter rejoined me on few terms again with them.
1. Employment Agreement to stay with them for 3 year on company letter head without any stamps or notary on it in case if i leave they will raise the legal case on me for Creating fake reliving letter of there company.
2. Taken an apology letter on white paper
In 3 years already 1 year is completed and Now i want to comeout of the company due to work pressure and abusive words from management. Its making me depressed, and i have commited suicide attempt due to this. I tired negotiate but they are not willing to send me, they are saying we will not let you go so easily, if you go we will ruin ur career with forgering company fake reliving letter case on you, we will make sure you will not get any job under criminal case, no company will hire you after this criminal background case.
I have attached the copies apology letter and agreement letter which i have signed.
Please suggest me if they file any case on me , do i have any chance to fight back in any terms or im out of hope on this issue.
I will be so much thankful if anyone can help or suggest me please.
My mail id firstname.lastname@example.org
From India, Hyderabad
KK!HRWhile the situation is not totally hopeless, suicide is not the solution to this problem. You have started consulting the right people, be optimistic, there is a solution to these problems.
From the sequence of events it is clear that the company A cannot threaten you to keep you their slave. But for breach of contract, they can claim back the gifts and incentives paid to you in the meanwhile. Though the agreement also provides for legal action for forging and creating fake document, yet such an action cannot be sustained as per criminal law. You can consult a good criminal lawyer for the purpose.
At any rate, you cannot continue in the present job and look for alternatives.
From India, Mumbai
p-lekha-jacobsHello - the case is a clear example of collusion between the Organization and employee, by knowingly becoming parties to a wrong doing.
You should not have:
1. Forged your relieving letter from your previous experience, it is completely unacceptable.
2. Should not have accepted an offer of employment from any employer unless you have cleared them about your situation.
3. Should not have become a party to a 'conditional offer' by your existing company, without consulting an HR/ Labour expert.
Practical advice - please talk to your current HR partner/ reporting manager to discuss your circumstances and terms of leaving amicably. Try to convince them.
If not justified or accepted or convinced, then please carry on your employment for 2 more years, as you have accepted as a part of your extended contract, there is no other option.
High-time advice for future: Do not resort to unprofessional practices like this, nobody gains anything out of it and it merely causes more losses of resources, trust and integrity in the professional world.
From India, Delhi
email@example.com) At the very beginning, you could have preserved a copy of apology letter singed by you, submitted to the authority. This could have been a proof of you accepting your mistake positively.
2) Before signing the agreement giving commitment of working for 3 years, you should have been a better negotiator in terms of years of commitment, may be restricted for an year. In addition a commitment from the employer was also required here, that post the time period they will exit you positively with all the required formalities.
3) If you would had a copy of the letter as mentioned earlier, then the criminal case against the employer could had been possible for any advocate on the grounds that your principal employer has made you dis qualified for all the privilege's which you were eligible for as an employee of the company, which they have mentioned in the agreement you signed.
From India, Hyderabad
saswatabanerjeeIt seems to me that the real problem is of performance. Initially you were able to give them 5 closures in 6 months but now you are not able to do so. It seems to me that the pressure and behaviour of your manager is connected with our failure to deliver. the fact that you were already guilty of criminal activity, they think you are in no position to resist their behaviour.
First point in the letter is that they have stated they can take legal action against you. That is the case of any performance bond in any company. It is not something new. Whether the legal action is taken or not, whether it works or not, depends on many circumstances. The other side of the question is whether you have money to pay for lawyers on your side.
Legally, the bond / promise to work for 3 years is invalid in view of prior court decisions that say only thing they can recover from you is cost of training. As for criminal action for forgery, they have already agreed to take you back and therefore they can not really file a criminal action now. The agreement is in any case void because it is intended to break the law.
However, their threat of blacklisting you is very much there as they can put your name in the NASSCOM skill registry and all large and mid-sized companies refer to the national skill registry to check anticidents of the employees.
What is the best path of action now, depends on a lot of different circumstances that we, not intimately connected with the details, are not going to be able to decide for you
From India, Mumbai
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