Ayush768
Sure Lakshmi sir Iím writing a apology mail to the board. If that doesnít turn out right Iíll reach out to my advocate.
From India, Bengaluru
PRABHAT RANJAN MOHANTY
581

Dear Ayush,
It is an unfortunate affair as well unfair to terminate you in haste, without instituting domestic inquiry.
You need to challenge your termination,which itself is illegal in court. I see there exist sufficient ground for you to go legal. You will get justice by doing so.
You should consult a lawyer to remove this black spot from your career track record as well to subsite the FIR in police station,if you are thinking yourself innocent.
I don't consider the affair is a misconduct, also don't consider that your company action is appropriate. All these suggestion is as per your postings. Do you think your company is doing the business fairly by adhering all the rules framed, you should explore to twist their wrist as they do against you. Everything is fair & beautiful for getting justice for self. Now, it is time for you to decide your action.

From India, Mumbai
Srinivas24
17

Hi Ayush,

If I haven't misunderstood your question, you're asking whether it's possible to obtain your experience letter from your employer at this point in time.

If your question pertains specifically to receiving your experience letter from your former employer, the answer is undoubtedly

"YES."

Even though there is no explicit mention of the issuance of a service certificate under law, it can be interpreted within the rights provided under the Indian Constitution.

Article 41 of the Indian Constitution directs the State to ensure the right to work and secure opportunities for employment. While this right primarily focuses on the provision of employment opportunities, the denial of an experience letter by an employer could be seen as an obstacle to an employee's ability to secure future employment or advance their career. By refusing to provide an experience letter, the employer may be limiting the employee's access to employment opportunities and potentially impeding their right to work.

Hence, no employer has the authority to deny an experience letter when you have worked for them. It is your inherent right. As this termination occurred during the notice period, you can build a stronger case. Please retain all relevant documents such as the appointment order, payslips, resignation letter, data breach incident details, and the fine paid receipt. If you choose to pursue legal action, you have a good chance of winning.

However, the issue is not merely the experience letter but the content mentioned therein.

The experience letter should include the reason for separation, which could possibly be stated as

"TERMINATION."

This could potentially affect your future employment prospects.

While you can ask your employer not to mention the termination, it is unlikely that they will agree, as it goes against the company's long-term perspective and policies.

If your employer does not agree to remove the mention of termination, there's no need to worry.

If you are genuinely able to establish the absence of mensrea (intent) and highlight the steps taken by the management during the notice period, you can convince future employers by presenting the facts to them when seeking employment.

When presenting your case to a potential future employer, focus on these key points:
1. Highlight your work experience
2. Showcase your performance during the notice period
3. Explain the circumstances of the termination
4. Emphasize personal and professional growth
5. Provide strong references

I believe that instead of relying on emotions or subjective judgments, it would be more advisable to make decisions based on factual information.

Good luck.

From India, Bangalore
SPKR
32

Dear friend, your exit from the job is not voluntary. Any organisation that issues service or experience certificate, usually add a line about the satisfactory performance of job during your stay in that organisation. Is it possible for you to get a certificate without that tagline. Sorry it may not be possible to get it and donít try to get. If you trying for a job and mention your past experience and name the company that you are working. While mentioning the reason for not producing experience or service letter, and leaving the job, you can mention the reason for exit. It may help you.
From India, Bangalore
HR Mohankumar
22

Hi Ayush,

An HR view is mostly employee-oriented.

Irrespective of your exit they can provide relieving letter which is as good as experience certificate.

Talk to the HR team and request for a Experience certificate without mentioning anything about termination. Hope he/she will provide.

If not, request for a relieving which should mention about your date of resignation and last date of working only.

Trying out legally / through authority will definitely spoil your future.

From India, Chennai
KK!HR
1530

Uploading your resume to an alien website is not a cybercrime at all. There is no criminality involved in it though it is an indiscretion on your part. Anyhow, the organisation stood to benefit and is a big financial loss to you. I feel you were not correctly advised by your lawyer.
Now, that you are looking for a fair experience letter, you may approach the HR and persuade them, failing which you may avail legal option.

From India, Mumbai
sandeeptomar2007
7

Hi Ayush

As per my opinion, the employer is taking this personally because of you was on notice period and they want to look any minor mistake from your end. you conducted major misconduct which was proved by employer and also a criminal action taken by employer against you.

You can discuss with your current employer base on this points -
1) You already paid paneities of Rs. 1.5 Lakh and also polysized. its mean that what ever incident happened (May be mistake or any other) in the company and losses is already recover by the employer. So misconduct and punishments is completed.

2) They Hold your salary of 2 months and may be your full and final also. you are simply write a email or letter to company to clear your pending dues and ask to complete no dues formalities.

3) Kindly check the employer termination letter date that they was terminated to you base on only allegation or after proper evidence enquiry. if only base on complaint then you will request for experience certificate.

I think that you have legal option also to deal this situation but looking the future your carrier and next job opportunity, you must deal with proper liaison and close the issue with healthy relation. Legal way is good but you know that it is very time consuming and also second company will not accept the employee like who did any legal action against past company. Some of few HR professional may be understand you legal action but maximum will take is negative. You have to go future for your career.
Also one more option that you can try to understand your new organization that what is the issue for experience certificate. they can easily verify your designation, deptt, salary with your exiting letter and length of service from PF / ITR etc. Also Salary head can be verify through the bank account.

Regards
Sandeep Tomar
Manager - HR & Legal
GGN

From India, Delhi
smooth-smart
Going through the comments of Learned Professionals, We should understand both the Party what if employer have been charged a heavy penalty from their clients for data mismanagement from their employee.. employee also should work with equally with trust..
From India, Pune
HROne
17

Whether or not you can obtain an experience letter from your employer after termination due to a data security violation depends on various factors, including the company's policies, the circumstances of your termination, and your relationship with your employer.

In general, if you were terminated due to a data security violation, it is possible that your employer may be reluctant to provide you with an experience letter. This is because such a violation is a serious breach of trust and may negatively impact your professional reputation. Employers are typically cautious about providing positive references or experience letters for individuals who have been terminated for misconduct.

However, there are some situations where you may still be able to obtain an experience letter:

Agreement or Negotiation: If you have an agreement or negotiate with your employer, you may be able to discuss the possibility of obtaining an experience letter as part of the terms of your departure. It's important to have open and honest communication with your employer to understand their perspective and explore potential options.

Performance and Conduct History: If you have a generally positive performance and conduct history prior to the data security violation, your employer may consider providing you with an experience letter that focuses on your previous contributions and accomplishments.

Legal Obligations: In some jurisdictions, employers may have legal obligations to provide an experience letter or reference upon request, regardless of the circumstances of termination. You can consult local labor laws or seek legal advice to understand your rights in this regard.

It's important to remember that each situation is unique, and the decision to provide an experience letter ultimately lies with your employer. It is advisable to approach the situation professionally, take responsibility for any mistakes made, and demonstrate your willingness to learn and grow from the experience.

From India, Noida
raghunath_bv
149

Dear Ayush,
After going through your mail, you have indicated there were some wrong things that had happened and your services have been terminated is the story of the past what was to happen has happened.
What was the necessity to show that bitter experience in your resume, you could have better avoided it, since you have shown in the resume, it will be difficult to prove about your integrity in the previous job and now coming to the point of Mr. Dinesh Divekar there are every chances that your previous employer may not give you a good reference and at the best what you can do is to give reference of an employee that some one who knows well in the previous organization who can really vouch for you is the only solution for your question.

All the best, may God bless you.
Regards

From India, Bangalore
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