Ayush768
Hi, Recently I got terminated by my employer. It happened while I was uploading my personal data to a third party website but mistakenly selected another one. My company file a complaint against me in Cyber Crime police department. At the end the matter reach to that I have to give the compensations amount of 1.5 Lakh.

They investigated and checked my systems, drive everywhere but as it was never downloaded to any of my systems, so it was not found. I paid the price of 1.5 lakhs and they keep my 2 months salary also.

The data breach incident happened during I was in my notice period. They didnít process this further while I was serving my NP. Now after 18 days they terminated me.

Is it possible to get my experience letter from my employer at this point of time?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Vmlakshminarayanan
Sr.manager - Hr&admin
Alok-singh1
Labour Laws & Ir.
SPKR
Consultant Trainer In Insurance, Adviser
Srinivas24
Hr & Ir Professional
KK!HR
Management Consultancy
Ayush768
Software Developer

vmlakshminarayanan
733

Hi, Do you think your Employer will provide you with experience certificate after this extreme step ?
From India, Madras
Anonymous
But it was done by mistakenly they checked my systems, I paid the amount also. I apologise them when the incident happened.
From India, Bengaluru
vmlakshminarayanan
733

Hi,

Can understand your pain. But you should have fought/ defended your case with your employer while in service. Now that they gone to the extreme measure of termination the possibilities of getting experience certificate will be remote chance. Any way you may make a request with your HR and see.

Having no fault at your end how you left things just like that ?

From India, Madras
Ayush768
The legal team threatened me at the Cyber Crime police station to
file a FIR against me. Thought it would impact my career later and also verification in passport too. So I stay silent and my lawyer said to get rid of this and request your HR.

From India, Bengaluru
Dinesh Divekar
7786

Dear Ayush,

For the misconduct you committed, you have been given three punishments. The first one is to impose a penalty of ₹1.5 Lakh, the second is to deduct your two month's salary and the third one is the termination of your services. At best, the former two may be clubbed into one but still, you have been awarded with two punishments for the same offence.

May it be noted that Indian jurisprudence allows only one punishment for an offence. However, you have been awarded three punishments. Now if the experience letter is withheld, it will be a fourth punishment.

Coming to your query on the issue experience letter. Nothing wrong per se in approaching your employer for the experience certificate. While putting forth the demand for the experience certificate, write to them that it should be an unblemished certificate. Any certificate with negative comments is of no consequence as would destroy your career for a long time.

In fact, HR professionals from your company were expected to show discretion and should have advised the top leadership accordingly while dealing with matters of discipline. Mistakes do happen and people are awarded punishments. However, those who do misconduct should not be treated like an enemy.

If the career of an erring employee is smashed by using power like a sledgehammer, it kills the spirit of natural justice. Unfortunately, very few HR professionals understand the rationality of administering justice.

Anyway, go ahead and approach your ex-employer for the experience letter. Possibly there could be a levelheaded person on the other side who may listen to your entreaty!

All the best!

Dinesh Divekar

From India, Bangalore
alok-singh1
75

Hello,
In Reference to the above you can discuss with HRD and try to explain them. if they will be refuse to issue your service experience letter you can take it up to Court, or you can file a online complaint against him. If there would be any difficulty you can communicate with us. Be remember this is a tough situation so you have to deal with carefully.


Ayush768
Thank you Dinesh for helping me on this topic. I understand it from your comments about the punishments better now. As you said I request to HR they are talking with the management further and helping me on this. Really appreciate it.
From India, Bengaluru
vmlakshminarayanan
733

Hi,

Not sure how long you were associated with this Company. If the period of employment is less than 6 months and if no PF deducted better not to show this company experience. But incase of PF deducted with UAN then you have no option.

After making the payment of 1.5Lakhs you should have negotiated with your Employer through your Advocate for proper relieving - This is my personal opinion.

Anyway as you hired the services of an Advocate better make the request through Advocate. Generally Advocates know the tactics of how to trap the opponent. There are ways to get it. Please check with your Advocate.

From India, Madras
Ayush768
Thank you Alok for giving me such advice. Thatíd be my last hope to save me from this disaster. Iíll look forward to you if the conversation doesnít work out.
From India, Bengaluru

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