Facing Unjust Withholding of Final Settlement: How Can I Resolve This and Move Forward?

Dear Sir, I resigned from my position as Regional Head at a company in Cochin due to peer pressure from my ex-employer on frivolous grounds in April 2010, and my last working day was on August 31, 2010. However, I am still awaiting the settlement of my dues.

The CEO of my ex-employer contacted me on Monday, 4/10/2010, at 6:30 pm on my mobile number [Phone Number Removed For Privacy Reasons] from Hyderabad. During the call, he stated the following:

1. He refuses to pay any settlement amount, citing baseless allegations:
- Accusing me of poaching his employees, which is untrue as I have not recruited any of his staff at my current organization.
- Alleging that I spoke negatively about his company to clients, whereas in reality, I did not make any negative remarks and only sought job opportunities after leaving the company.
- Threatening to use his influence to prevent me from securing a new job and ensuring I remain unemployed.
- Stating that I must meet with one of his team officials in Cochin and prove that I have no contact with current or former employees before he releases any settlement amount or relieving letter. He intends to monitor my activities until April 2011.
- Instructing me not to raise any complaints regarding this matter with anyone in the corporate office or branch.

Despite my repeated emails, he has not provided any written confirmation. Following my resignation, he had initially mentioned a severance package of three months' pay to be paid promptly.

I clarified that I have no interest in hiring his employees, as I have transitioned to a different business sector. I implored him to release my settlement due to financial constraints at home, but he responded with threats of severe consequences.

I am experiencing mental distress and seek guidance on how to resolve this situation. My hard-earned money is unjustly withheld, causing significant emotional turmoil.

Your assistance in this matter would be greatly appreciated.

Regards,
Ramachandran M
Cochin
[Phone Number Removed For Privacy Reasons]

Such instances are becoming very common day by day. Corporate bullies are now found in almost every company. These companies have quite recently registered themselves as corporations from their proprietary outfits but are unable to shed their 'small-time business' mindset.

Warm regards.

Raj Kumar is right in many ways—like the saying goes: living in a palace by quirk of fate, but mindset being that of a hut dweller. Looking at your situation in another way, you are feeling 'mentally tortured' for only ONE reason: YOU ARE ALLOWING it to affect you. Once you decide otherwise, you will notice the difference.

I know letting go of the hard-earned money is TOUGH, but suggest trying it. You will see a whole change in your 'mental peace of mind'.

What the others do or don't do ISN'T IN YOUR HANDS. What's in your hands & control is YOUR RESPONSES to what others do or what happens outside your control. Please try to learn to "let-go" and respond in a calibrated way.

Focus on the Present Situation

Coming to the present situation, suggest letting go of what your ex-employer did & begin to focus on your present job.

Also, suggest you put in writing through a mail to your ex-employer what all he said—not so much as to complain or to expect that something would come out of it in your favor, but to ensure that if & when your ex-employer tries to put his threats into effect, you would have something to fall back on—don't expect any replies from him, since he will not reply at all.

In a single line, just forget about this & get on with your life. Unfortunately or fortunately, life/nature has a way of getting back: Like the Bible says—As you sow, so you reap [just see around you & what we have been seeing in the media in the recent past & you will know what I mean]. If you really have financial problems for which you have been hoping against hope about this money, suggest looking for other ways to handle the situation.

All the Best.

Regards,
TS

Dear, There are many people who are good talkers and can bully others by exerting their influence through aggressive "talk," like your CEO. However, they are often taken aback when something is put in writing, as they "fear" signing anything. For such individuals, you should write down your thoughts instead of engaging them in conversation.

Send him a letter by registered post and demand his response in writing, duly signed by him; your F&F will come through. Sometimes, oral allegations are made out of the blue to delay and avoid F&F.

Regards,
rajanassociates

Well said, sir. You are absolutely correct. I had sent a letter to the Vice President HRD in Hyderabad. In my case, I am mentally worried as I have been with the company for the past 15.8 years. The company is Karvy Computershare Pvt Ltd, and the amount, inclusive of gratuity, should come to Rs. 3 lakhs.

Regards,
Ramachandran M

Raj Kumar is right in many ways—as the saying goes: living in a palace by quirk of fate, but with the mindset of a hut dweller. Looking at your situation in another way, you are feeling "mentally tortured" for only one reason: you are allowing it to affect you. Once you decide otherwise, you will notice the difference.

I know letting go of hard-earned money is tough, but I suggest trying it. You will see a whole change in your "mental peace of mind." What others do or don't do isn't in your hands. What's in your hands and control are your responses to what others do or what happens outside your control. Please try to learn to "let go" and respond in a calibrated way.

Coming to the present situation, I suggest letting go of what your ex-employer did and begin to focus on your present job. Also, I suggest you put in writing through an email to your ex-employer what he said—not so much as to complain or to expect that something would come out of it in your favor, but to ensure that if and when your ex-employer tries to put his threats into effect, you would have something to fall back on. Don't expect any replies from him, since he will not reply at all.

In a single line, just forget about this and get on with your life. Unfortunately or fortunately, life/nature has a way of getting back: Like the Bible says—as you sow, so you reap [just see around you and what we have been seeing in the media in the recent past and you will know what I mean]. If you really have financial problems for which you have been hoping against hope about this money, I suggest looking for other ways to handle the situation.

All the best.

Regards, TS

Well said, sir, you are absolutely correct. But practically, we can't take it for granted as I was working in the company for 15.8 years, and the amount should, in any case, work out to Rs. 3 lakhs at a minimum.

I am touched by your plight. As other members have suggested, do keep pursuing this matter. You have nothing to lose except your worries and mental tension. Moreover, law and justice should prevail. Our good wishes are with you.

Warm regards.

Kindly send the following documents:

1. Your appointment letter
2. Resignation letter
3. Letter to the HRD
4. A list of financial claim statements
5. A list of persons whom you feel should be made party to the matter or were otherwise involved
6. Emails that were sent to the CEO
7. A list of dates would be very helpful

Karvy is not a big company, and moreover, they work under the stringent rules of SEBI. Once we receive all your documents digitally, we will work out the plan.