Why Is My Former Employer Demanding Old Documents After Resignation? Need Legal Advice

Hi,

I joined one of the 3rd largest IT companies in India, where I have been working since 2005. In my tenure, I went onsite and generated good business for them.

Recently, I have resigned from my job due to personal problems. After 1.5 months from my resignation, they are now asking me to provide all my previous employment documents to facilitate the exit process. When I joined the company, they conducted all verifications.

Now, they are requesting my previous employment documents again, even though they already have all the necessary information. Currently, I have the employment-related documents from my previous companies, but I do not have bank statements as I closed that account long ago and lost all my bank details when I traveled abroad.

At present, I am managing my funds in a single bank account where there are no salary transactions from my previous employers.

Based on the above, please advise me on the following:

1) Why are they asking for all documents now after my resignation?

2) I have the impression that they are interfering with my career. What legal recourse do I have?

3) I am currently facing severe personal issues, so I cannot prioritize resolving this matter at the moment.

Thanks,
Billa

Greetings,

I noticed two areas in your post. The first is the employer asking you to submit the documents, and the second is managing the transition. The exit process in a company will have its own requirements. Bank statements do offer credibility to the earnings from the past employers.

In your situation, the only way is to appeal on humanitarian grounds. If the company has a policy of background verification during the exit process, there is little that can be changed. Hence, I would request you to be patient, share genuine reasons, and offer other supporting documents. If you can't produce any bank documents, do provide the form-16 filled during those years. That's a valid proof of your earnings. Salary slips are another set of documents that they may consider.

Sorting documents at this stage will help you as you would need to submit them to your new employer. Please take this process on a positive note.

Regards,
(Cite Contribution)

Hi Billa,

Thank you for reaching out. It sounds like you are facing a challenging situation regarding your employment history verification. Based on the details you provided, it seems there is a discrepancy with your first company's confirmation of your employment.

To address this issue, it may be beneficial to gather all the relevant documentation and evidence that supports your claims of working at your first company. This could include old pay stubs, tax documents, or any other official records that prove your employment.

Additionally, you may want to consult with a legal professional to understand your options regarding taking legal action. A lawyer can provide guidance on the best course of action and advise you on the likelihood of a favorable outcome if you pursue legal measures.

It's essential to approach this situation calmly and methodically, ensuring you have all the necessary information to support your case. I hope this advice helps, and I wish you the best of luck in resolving this issue.

Best regards

I received the resignation acceptance letter and have been in contact with HR to obtain my relieving and experience letters. I am uncertain why they issued the resignation acceptance letter. I am unsure of their intentions.

Is there a possibility that they may not provide the relieving/experience letters?

Thanks

Congrats ,
If you received the resignation acceptance, half your battle is won. Now draft a letter to them stating that you would be expecting the clearance document as you need to submit it to your next organization. Give them an end date, if they don't respond, please do mention in your mail that the resignation acceptance would be considered as a relieving and clearance document if not claimed by the company before the due date.

An acceptance letter is not a clearance letter, but you putting down an end date would make them respond. They cannot keep you running between pillars to posts. It is understood that the clearance takes time. The Full and Final settle follows it own time to finish, anything from 1 to 3 months depending on company procedure. The HR is not deemed to explain you all these processes, yet they should give you a plausible answer and not give you a silent treatment.

Keep your communication graceful but firm. Wish you all the best !
Regards,
(Cite Contribution)

Greetings,

I am sure you are communicating with them, but please do put an end date as set by the new organization. Please suggest to your former employer the time it might take to process your full and final settlement. I am sure that the duration was mentioned in the employee handbook.

Further to this, please do mention that in case no information is received by the due date, the acceptance would stand as the final document. In case the HR wants to claim on your relieving, they need to respond with the document or the exact time, be it 1 month or 3 months, within which they would be issuing you the document.

Please remain mild but firm with your communication. Whichever reply you receive from them, it will stand as your supporting document for clearance.

It seems the clearance process is on the way. At most, they might get back to you with any recovery if it exists. So remain patient for a little longer time. You have been waiting for long, by every means refrain from reacting now and respond accurately.

Wish you all the best!

Regards,
(Cite Contribution)

"Hi

Thanks...

I have been contacting HR to get remaining letters."

Thank you for all your advice and guidelines. Finally, I received all my service letters after a big battle; of course, they asked me to pay a recovery amount. My resignation was in August last year, and I received my letters dated this current month and year. Will this create any issues in the future?

Thanks,
Billa