How Can I Retrieve My Withheld Salary and Protect My Future Job Prospects?

Dear All, I need your valuable suggestions on the following:

Background Information

I was working with a Broking Firm from 3rd May 2010 to 30th May 2011 in the marketing department. I received confirmation on the 15th of November. In the middle of February 2011, I had an argument with my Reporting Officer. He held my salary, citing "poor performance" as the reason. I continued my job, and on the 10th of May, I received an official notice from HR stating that this month would be my last in the organization. I submitted my resignation on the 30th of May accordingly. In my resignation letter, I demanded the release of my salary for the past 4 months (which has been on hold since February 2011). This was necessary for me to complete other formalities such as returning the Company ID and laptop.

Current Situation

On the 1st of June, HR called me to return the laptop. I have no intention of withholding the company's asset, but I am concerned about when I will receive my Full and Final settlement. She mentioned that she couldn't assist me with that and advised me to contact my Reporting Officer. When I reached out to him, he refused to release any payment and threatened to jeopardize my relieving letter, leaving me anxious about my future job prospects as this is my first job.

Request for Suggestions

Please provide your valuable suggestions on how to retrieve my salary. Are there any legal options available, and should I wait for a response from HR before returning the laptop?

Looking forward to your reply.

Regards, Saurav850

I would suggest you talk to the supervisor of your RM, Vice President, or another higher authority to resolve this matter. HR has already informed you that they can't help you in providing the relieving letter until your RM gives any instructions to HR.

Don't make a hassle; be calm and prepare yourself before going to meet someone whom you feel will be in your favor or at least will listen to your query.

If your performance was not good enough, they should have given you a warning letter to improve your performance.

Wait for others' suggestions also.

These issues are very common in broking companies. Send the details to the head of HR of the organization with a CC to the head of your region and your supervisor, clearly mentioning whatever happened to you. A mature organization will never take these things lightly. Please state that you intend to return the company assets without any further delay. I am sure that you will receive communication regarding your future course of action. Please be very humble in your email. I know of instances where supervisors, who treat employees poorly resulting in resignations, are asked to provide a show-cause letter to HR. If you have performed well and performance was not the reason for your termination, you have the liberty to inform the HR head to understand the actual reason.

Thanks,
Saurav

Holding the laptop until further communication is okay, or they can put some charge on me.

Dear Saurav, do not waste any time. First of all, write a letter to the Local Labour Commissioner stating all the facts mentioned herein and do mention your intention of returning the company property. Ask them to help in getting back your 4 months' salary. Give the address of the regional head or the highest authority with the address of your reporting manager in that letter to the Labour Commissioner. Believe me, you will get your dues in a flash with a good relieving letter.

Regards,
Kamal Kant Tyagi

Clarifying Your Intentions for Relieving from the Company

Please be very specific in mentioning that your intention in writing the mail is to get yourself relieved from the company. Also, mention that you want the process to be over as soon as possible because the company asset is with you, and you don't want to hold it any further. Mention that you are ready to hand over the assets as soon as you get communication from the company, which should be unconditional. Settlement in a normal situation takes around three months.

Please write to your Head of HR about the whole incident. I would suggest you hand over the company properties in your possession. If nothing is happening, you can take up the matter with the Labour Commissioner.

Definitely, the top management would view your case very seriously. If they practice professional ethics and give importance to values and systems, they should process your full and final settlement without further delay.

If your grievance is not redressed, then you can take up the matter with the labour office where you would get justice.

I would suggest you hand over the company properties and write your grievance to the higher authority. If the same has not been addressed, then you can take up the matter with the labor commissioner.

First, you will need to make an appointment and discuss the issue with your Reporting Manager (RM). If he does not provide a positive reply, then you should escalate the matter to a higher authority, such as the Head of HR or the Vice President (VP), etc.

Regards,
Sameer K Ghosh

Before doing anything, please read the appointment letter very carefully, especially the clauses about termination and salary hold matters. Then, you must first inform your Regional Head and the HR Head of your organization, stating the present situation of your F&F and asset issue. Please mark this as a copy to the regional labor officer. Hope you'll get your F&F.

With Regards,
Avishek Chanda