How Should I Handle My Employer Withholding My Passport and Terminating Me Abruptly?

Hi,

I would like to share something that I experienced today. Please let me know how I should react to this situation.

I was working for a company based in Dallas on a BOT model from Bangalore. Ten months ago, they started their own firm here, and I continued to work with the same company. My total years of service to the company is 2.6 years, without a single blemish in that tenure. Throughout these years, they promised me salary raises, retention bonuses, and promotions, but none materialized for me. Recently, they began planning to send most employees on a global rotation program. My name came up at the last moment after everyone else was sent to the US for a 3-month period. I had gone to Chennai to apply for a visa and was rejected the first time. The company sent me again for a second attempt, but this time for only 2 months in the US.

Everyone who went to the US had to sign a one-year bond from the day they returned to work as part of an employee retention initiative.

Upon my return from the visa interview, personal circumstances prevented me from going to the US, and I informed my management accordingly. I also expressed my willingness to cover the visa costs incurred by the company. However, when my passport came back with the visa stamped, my Team Leader (TL) received it on my behalf and concealed it from me. When I questioned him, he stated that I had to sign the one-year bond regardless of my travel plans.

This was unprecedented in our office. I refused to comply. My manager reiterated the demand, stating that I had to sign the bond or they would retain my passport and terminate my employment.

I expressed regret to my manager for being unable to travel but stood firm on not signing the bond just for the sake of it.

In response to my stance, I was terminated abruptly, my desk was cleared, my workstation ID was deactivated, and I was sent home without my passport or any discussion of my pending salary.

Please advise me on how to interpret their actions and suggest my next steps.

Thank you all in advance.

Kindly provide the following information:

1. What is your gross salary?
2. What were the circumstances that prompted you not to go? Is that beyond your control? Is the intimation you gave to the management in writing?
3. The date your passport was seized.
4. Is there any written communication in this regard? Please provide the gist.
5. Is there any written promise or agreement regarding the hike in salary, and so on?
6. Have you ever written any letter to the management asking them to return your passport? If not, please do so immediately.
7. You have not been issued any chargesheet, and your last month's salary has not been paid, right?
8. Have you written any letter to the management asking for your salary? If not, please do so immediately.
9. Please provide the termination clause written in your appointment letter.
10. Please collect the name, father's name, address of the TL both residence, office, and permanent.

Just for your information, a passport of another person cannot be kept without written permission, and anything like this shall be treated as theft of a passport and other offenses. A passport is the property of the Government of India and kept in the custody of its holder as a custodian. Anybody having it without consent must return it either to the government or to the person, i.e., you. Anybody holding it without consent shall be treated as a wrongful possessor. The law is very strict in this respect. Provide the information and write the letters. I will guide you to send your TL to Tihar Jail.

Regards, Saikat Dhar [Login to view]

Dear,

Retention of a passport is illegal. Send them a legal notice, followed by a criminal complaint with the police. They will either state they will give it back or claim they don't have it. If so, you can apply for a duplicate with the same FIR.

With kind regards,

V. Sounder Rajan

Chennai – 600001

Off: 044-42620864, 044-65874684

Thank you for your advice. Here are the other pieces of information relating to the same.

Family circumstances compelled me not to take up the trip this time. At the same time, I have not provided any written documentation regarding this issue to the organization, just verbal.

22nd August 2008.

No, I had gone to the visa interview for Chennai on Tuesday, 19th August 2008, and my passport was delivered to the office address on Friday, 22nd August 2008. My shift started later that day in the evening, and my passport was delivered to the office in the morning on the same day. Before I punched in, the passport was whisked away from the security guy.

No.

I have sent an email to the concerned person to return my passport as per advice.

That's right. My current month, i.e., August's, salary has been withheld without any communication, written or verbal. I have written an email regarding this as advised.

A person will be terminated by the company if there is any insubordination, illegal activities, if performance is consistently below average, or if they do not report to work within 8 days of continued absence without intimation.

As for them denying that they haven't received my passport, I have recorded my conversation with the above-mentioned TL, and he clearly stated that the passport is with him.

Please advise. Thank you again.

Regards,
Kiran.

Hi,

Thank you for your inputs. Continuing on the same lines.

I didn't want to go legally against this company since I had worked there for the past 2.5 years. It's been 3 weeks now, and still, the company has not given my passport back. Now the HR has sent me a letter stating that since I did not go to the US and since I was absconding from work since the 22nd of August, they will take action against me as per company rules and regulations and as applicable by law. This is not true since the company itself had sent me home on the night of the 22nd of August.

Could someone please let me know what actions they might take and what my reactions should be?

Thank you all once again.

Dear,

The situation has gone out of your hands. Please seek local specialist legal advice. Don't spend your time by explaining your problem; what you need is a facilitator to help you get into action.

With kind regards,

V. Sounder Rajan
Chennai – 600 001
Off: 044-42620864, 044-65874684