Stuck in Limbo: How to Handle a Job Offer Delay Due to a Pending Reimbursement Claim?

As an entitled employee, I made a medical reimbursement claim. After a few weeks, I resigned, and my resignation acceptance was given. With just two days to complete my full notice period, as mentioned in the offer letter, I received an email from my manager saying that my separation from the company is put on hold because my reimbursement claim is under investigation. Therefore, I cannot leave until it's concluded. Now, I have to join my new company next week. What steps or actions should I take against my organization? Please help. I am running out of time!

You may ask them that in case there is any issue regarding the settlement, you would be available to answer, and you should also inform your new employer that there is a query regarding a claim so they may approve your leave when you need to go.

Alternatively, you may also request your present management that if there is any difference in the amount provided, you are ready to settle it in your full and final amount (if the salary amount is near the claimed amount). This may be a solution.

Regards,
Hardik

How much was the claim for? One way is to write back that you wish to forgo the amount and ask for relieving as per the rules of the company—3 months. If it's a small amount, this could be a better way. If the amount is large, suggest talking to an advocate and giving them an affidavit that you will make good the difference between your figure and what they finally arrive at. Usually, an affidavit is permissible in courts—so they can't say no. However, please note that this is ASSUMING that what the company says about your claim being 'under investigation' IS FALSE and you didn't do anything wrong/illegal. If not, the company can move the court and you will land into a bigger mess. Regarding Hardik's suggestion to inform your new employer, I am not so sure it's wise to do—what if they check out with your present company and are told something false? Inform them of anything on a need-to-know basis.

Regards, TS

Thanks to both of you.

Reimbursement Claim Issue

Hardik: It's a reimbursement claim... I am supposed to receive money. My company's HR is being very rude and not helping me out. I feel that it is motivated.

Ts: My claim is absolutely genuine; whatever bills I got from the hospital, I submitted the same. The claim is for Rs 90,000/-. My company policy clearly states that to change the last working day or reverse the separation, they need to get an agreement from the employee. In my case, that did not happen.

Next Steps: Email or Legal Notice?

My question is, should I go ahead and shoot emails to the executives in the top management, or should I send them a lawyer's notice? But by doing this, will I get delayed in joining the new company? I do not know what this investigation is all about. I am asking the HR, but they are not giving me any sort of clarity, and they are not even confirming how long I have to stay back in the company.

90K is not a small amount. Did you check with the hospital if anyone from your company has been in touch with them? Obviously, the hospital will have to be contacted for any inquiry/investigation. That way, you will know two aspects of your situation:

1. Whether your HR is faking the reason or if the investigation is genuine.
2. If genuine, you should be able to get the details of what this investigation is all about (depending on how you ask them). Your next step will depend a lot on the inputs you gather from here.

Next, talk to the new company and buy more time—say a couple of weeks (maybe they may bargain for a week or so)—but you will have to SOUND CONVINCING with your reasons. You can tell them that your relieving has been delayed and you are pushing, WITHOUT telling them the actual reason. Please note that this has to be handled tactfully since there is every chance that the HR there COULD get a doubt that you are buying time to join elsewhere.

Next, talk to a lawyer to draft an Affidavit, explaining the reason why you want it. Whether you finally use it or not is not the issue. If you have it ready in hand, you will not lose any further time. Also, depending on what info you gather from the hospital, you could discuss the next course of action too (especially if the 'so-called investigation' turns out to be false).

And, needless to mention, the members of CiteHR are always available to give their best possible well-meant suggestions.

ALSO, FOR NOW, please desist from discussing anything with your HR or others in your present company—just 'let it be'. Once they notice your silence, someone from HR is sure to ask you 'why'—just laugh it off and hold all your cards close to your chest until you have all the inputs in hand.

All the Best.

Regards,
TS

Thank you once again to both of you. You've been really helpful. In fact, I have contacted the hospital and found out from the working staff that there were a bunch of doctors from the insurance company who visited the hospital for verification three times. From what I was told, the doctor who treated my father explained the whole case history and told the insurance guys everything was fair and genuine. Despite that, I believe that these insurance people asked some inappropriate questions (like how much was his share in the claim) to the doctor (a very senior and reputed doctor). It seems he lost his cool and blasted them, saying, "You don't read the discharge summary well and ask such dumb questions." Consequently, these guys left with sad faces. So, I think with that grudge, they may have misrepresented the facts and given a false report to my company, and perhaps that is what this investigation is all about.

I do not have any sort of relationship with this doctor. And I am very sure that I haven't done anything wrong, and my claim is genuine.

So, any thoughts?

What are your thoughts? Only one. Just go straight to your lawyer and explain the situation and background. First, try the Affidavit route—not that it has any big chances of success, if my hunch is right. This is just to give your company a chance not to blame you later. If good sense prevails, they would correct the situation.

Also, talk to your lawyer in terms of issuing a Notice. Usually, that would be sufficient without the issue landing up in court—since everyone knows the timeframes involved. Moreover, from the company's perspective, the bad publicity would be a deterrent to letting things go out of hand. Also, ask your lawyer to mention approaching the media and Consumer Forum—whether you do it or not isn’t the issue—just let the company know that you are now pulling out all stops and keeping all options open.

See if you can get any document, letter, or certificate from your doctor to support your stand [go as per your lawyer in this respect]. Also, see if you can make the Insurance Company a party—it would put pressure on them to resolve the issue faster, I guess.

By the way, how large is your present company? If it's not very large, they would, in all probability, come around fast.

Also, I hope you have covered your back with the new company.

All the Best.

Regards, TS

Thanks so much! My present company is one of the largest IT companies in the world, so the possibility of moving fast is less. I can ask for an extension from the new company only if they give me some kind of timeframe. Without that, I think I am tightening the noose myself. Moreover, I don't think they will grant an extension.

Current Company Policies

The way I am looking at it now is that none of my company policies say that without my consent, they cannot force me to stay back. Maybe they will let me go on the last day (I am hoping), by creating some tension until the last minute so that I may forego the claim because my company pays for it.

If my present company, for whatever reasons, makes me stay back, then I will continue as an employee, get this sorted out, look out for another opportunity, and move on from there. The person who is investigating this is some senior guy in my company. He is just trying to show his muscle because this matter has been escalated to his boss, maybe...

The irony is, I slogged myself for this company, and I am the top performer. I did not get the hike and promotion I was due because I resigned, it seems. May God be with me!

I get the full picture now. What you mentioned is surely one option. Since the company is a large one, the chances of resolving this quickly are remote, as you mentioned. Assuming that you don't get relieved [I have seen it happen—pitiably, some companies assume that once they mess up an opportunity, the employee will stay back permanently], please ensure you don't focus/follow up too much on the investigation—else the HR will see through your plan of action. Hope you get what I mean.

Also, please resist the natural human urge to contribute less to your role/job until you actually leave. Looking at this situation from another angle, just bear in mind that 'whatever happens, despite our best efforts to the contrary, will always turn out to be for our good in the long term.' I have seen it happen many times with many people.

All the best.

Regards, TS

Thank you very much for your support and guidance; I really appreciate it. I completely understand what you are saying. I will update this thread as soon as there are any developments.

Regards,
Rajee

I think TS has given you really good suggestions. Nevertheless, I don't see much of a choice there. I don't know if the relieving order is a mandatory requirement at the new company while joining. If yes, you have limited options but to take legal action stating that the notice was served and the separation cannot be held up. Further, the second thing you need to clarify is that the medical claim has been paid out by you and not pocketed by you. You need to tell them that they have to settle it (giving the timeframe).

If your new company is a 'sensitive' one, you might land in a bigger soup, for they might misinterpret and misunderstand your whole story. And believe me, most HR folks are notorious about that 

Postponing a joining date is again an option. A need-to-know basis is fine. You might tell them that your relieving is taking a little longer and that you would like to complete a few formalities at the old company.

If that company is a large player, I don't think you can damage their reputation in any way. Most people have ended up in worse situations when they have tried things in that direction.

If you know the owner or the CEO of the new company personally, you might want to have a chat with him/her and be open and honest. S/He might give you a better way. It would not be a good idea, but if it works, you sure have more to gain than lose.

While every business speaks of honest values of its employees, most times you see deviations. And despite your best efforts, you might still be nailed by the wrong side. But that is where you need to explore more options and take two steps back and rework your future. And believe me, I have seen it with many, and it has worked wonders with most of them!

Thanks, Nikhil. Things at my company are becoming more intense. I received a call from my manager yesterday asking me to accept the reversal of my separation. She says if I don't accept, I won't be relieved. When I took this issue to the location head, to my surprise, he ignored my concerns and said that he wouldn't be of much help to me in this matter as it has gone to the corporate investigations team. He says the reason for holding my relieving is because if the enquiry findings turn out to be fraud, then we will not relieve you but terminate you.

I immediately asked, what if the findings prove my claim as genuine, then what? He couldn't answer that.

How can I even think of accepting the reversal of my resignation without knowing the timeframe of the investigation? I cannot wait endlessly in the company until it's concluded.

Tomorrow is my last working day. I need to know one thing very clearly. Can I leave the company after serving the full notice period even though they hold my separation? According to law, is this fine?

Sir, please advise on this.

Straightaway involve a lawyer. I still feel the Affidavit route will be the best for you at this point in time. Even if they really go legal, the court will have to take cognizance of your intentions—hadn't you been serious and hadn't you believed yourself to be not guilty, you wouldn't have given the Affidavit. Please note that what I am trying to do by suggesting this route is to delink your move to another company with the issue here. As you can notice, they are trying to create a perpetual link. Obviously, they wouldn't indicate the timeframe or your query regarding 'what if you aren't found guilty of fraud.'

All the best.

Regards,
TS

Hello rajee46, And one more thing. Tell your lawyer that you prefer a Court Notice rather than a lawyer/legal notice. The reason is simple: the company can ignore/sit on the legal notice, but it can't do the same with a Court Notice. Any sane and reasonably good lawyer would know that aspect and also what to do to get immediate relief so that your career won't be affected by this company's action—meaning again the de-linking process. All the best.

Regards,
TS

Reimbursement and Resignation Timing

90K reimbursement may fall under mediclaim. Anyway, I feel he should have submitted the bills first and then resigned after some time. Putting in a claim after giving a resignation notice will invite disinterest from the management in honoring the claims.

Pon

Thank you all for your support; now I feel confident. Ts & Nikhil: I am running to the lawyer to get an affidavit. Pon: FYI, I submitted the claim well before my resignation.

You need to stay at it. It's the only move left. Employees are often framed by such corporate 'internal investigations'. So, I wouldn't expect anything good from the whole exercise. All activities we are talking about are for 'damage control', although I frankly don't see too much control as such! Especially as the HR folks of most companies are strongly focused on the 'damage' rather than the business requirements. Nevertheless, you need to work around that.

I believe the best move, and I am only guessing here, would be to join the new company and try to postpone the documentation requirement of the letter. Your manager's email is proof that you have resigned, and you might have an acknowledgment of your resignation letter. Use them and tell them that you are still on the paperwork.

No point in wasting any more time with a company that is least interested in making you grow. It's time to kick them without having two opinions about it. You might not be able to claim the experience and the repercussions this is bringing in, but you have to learn your ways around.

And last but not least, don't let this incident get to you. Such workplace things often churn out a lot of emotions. It could take some time (a couple of years?) for people to understand they need to move on.

As for the legal action, it will take its course. In our country, truth can be bought. So, don't expect too much from that front too.

It's a complete nightmare for me with this company. Without my knowledge and acceptance, they reversed my resignation. Now, they are telling me that if I don't turn up to the office, they will start the absconding process and terminate me.

I have not taken legal action until now because I personally went to the insurance company to prove that my claim was genuine. In return, they processed my claim and sent the clearance to my company. However, my HR is now saying they did not receive it.

I am running out of options. If I go the legal route, I am afraid I will lose my new job offer. I have managed to buy time until Friday from my new employer.

Legal Action and Court Order Guidance

If a court order is necessary, to whom should it be addressed? Should it go to the address mentioned in my offer letter, or should I ask HR for guidance?

Please advise on what steps I should take.

Regards

At this point, I suggest you first defocus your stress on the new job—it looks like the present company is out to hook you for whatever reasons. Unless you defocus on the new job, your thought process on the subsequent steps will be affected. The worst-case scenario is that you will miss this chance, right? If that's what's to happen, so be it. Just remember that everything happens for our good, even though while we are going through the situations, it's tough to believe this.

Did you talk to the new company's HR team for an extension of joining? If not, please talk to them ASAP.

Also, please confirm if anyone, even colleagues, in the present company knows the name of the new company. If yes, please be mentally prepared to face some anxious times with the new company when you ask for an extension. There is a possibility that your present HR could have passed adverse remarks to them. Since you would also need to indicate the timeframe of the extension, maybe you can ask for a couple of weeks.

Interaction with the Insurance Company

Please confirm if you have the processed claim copy with you. If not, I suggest asking for at least an informal copy—use it to handle the HR of your present company and for any later legal use.

Legal Steps

At least now, take steps to go legal. Please note that this doesn't and needn't mean that you will go the whole hog in this direction—frankly, it's tough to go the whole way, knowing our court process timeframes. But once you indicate to the present company that you are prepared to go legal, their responses should change. Also, as I indicated earlier, tell your lawyer to get court orders/notice rather than a lawyer notice. And also drop enough hints to your colleagues (not HR) that maybe the media needs to be told of how things happen here—the news is sure to reach HR.

Please mail your resume to me at: [Email Removed For Privacy Reasons]

All the Best.

Regards,
TS

I spoke to the consultancy through whom I got the offer. They've asked me to get back to them on Monday with a timeframe from my present company so that they can request an extension from their client.

It's become a little emotional with my manager. She says it is definitely motivating and promised me that she would also fight on my behalf. She also suggested that I buy some time from the new employer.

On Monday, I am going to give it one last shot with everyone, including the insurance company. If nothing works out by Tuesday, as you suggested, I will go legal and not look back. These guys should be taken to task.

Legal Action Consideration

Can I go legal while I am still an employee? Can I do that? Because this is all new to me.

Like you mentioned in your previous post, if this is meant to happen, then I shouldn't have got the new offer. Honestly, I did not go looking for an opportunity. It came to me, even though I hesitated. It literally haunted me down. Every time I said no to it, it came back even stronger. If I tell you how the whole thing came along, you will be surprised.

That's why I am not able to digest all this. Anyways, hoping for the best.

Thanks again for all the support and I will send in my resume by Monday.

Regards

At this point in time, there's not much I can suggest except waiting for things to unfold next week. I would like to comment on some aspects/situations that you mentioned.

Timeframe and Extension Request

"Get back to them on Monday with a timeframe from my present company so that they request their client for an extension." What if the present company DOESN'T give you any specific timeframe, which is more likely than not? I suggest telling the Consultancy to buy the MAX possible time from the new company. They likely have a 'hunch' on the indicative response if they have been dealing with this company for some time now.

Legal Action Consideration

"Nothing works Tuesday like you suggested; I will go legal." Please note that what I had been suggesting all along was 'MULTI-TASKING'—acting in parallel rather than in 'serial mode.' When you meet the lawyer, he will need at least a day or so to decide the PoA and frame a response from your end. Do you have that kind of time? Handling this in parallel, the best-case scenario on the legal option would be that you are 'ready-to-go' when needed without any further waste of time. The worst-case scenario would be that you may not need to move forward in this direction, BUT you would only be telling the issue to one more person. I hope you understand.

I suggest you contact a professional lawyer—if he/she is known to you, even better, since there are crooks in this profession too—based on my experience. So you wouldn't lose any more time.

Legal Action While Employed

"Can I go legal while I am still an employee?" As far as I know, you can. There's no bar to who approaches the court. This is where your choice of the lawyer becomes important. Quite a few of them just say, "YOU ARE RIGHT...LET'S FILE A CASE," regardless of whether it's in your interest or not—you know where his/her focus is.

"If this is meant to happen, then I shouldn't have got the new offer. Honestly, I did not go looking for an opportunity. It came to me even though I hesitated." More on this aspect of the situation later; I still would repeat the same. But first, focus on resolving the situation at hand.

All the Best.

Regards,
TS

You can go legal at any time. If you file a case against the company, they are bound to ensure that it doesn't cause prejudice. So, the noose tightens on them. At the same time, they will also leave no stone unturned to ensure that you are 'out'. TS is right. You need to multi-task and get the court notice to them. It's important. If you delay, it would be a bigger loss. Believe me. You needed to have done it last week!

Hi All, I am sorry I could not update immediately. Finally, I was relieved on the 22nd of August, almost a month after the actual last working day (25th July).

I wrote several emails to the top brass, mentioning the way I was treated in their organization. Immediately, the company conducted an exclusive investigation on me to check if the documents pertaining to the claim were original.

It seems they received a report from the insurance company stating that the docs provided by me were fraudulent. They have actually flown a team of investigators all the way from China to investigate. It sounds weird and crazy, but it really happened.

It was worse than a police interrogation. It went on for 2 days. Finally, on the 22nd of August, I received an email stating, "The investigation team has confirmed that the allegation of falsified medical claim documents was unsubstantiated."

So, they let me go. However, I still did not receive the claim amount. Anyways, I am not worried about that now. But I will not leave it there; I will fight for it till the end. I have paid a premium for it.

I am extremely happy that I got out of that "HOLE."

My new employer waited all along until I got out of the mess. I joined the new company on the 29th of August. It's been a week, and it's all nice so far.

I would like to thank each and everyone who has responded to my query. I really appreciate it. Thanks.

The company that harassed me is none other than "IBM." It's all fancy from the outside, but from the inside, it's a nightmare.

Cheers!

Regards, Rajee.

Dear TS, Sir, advice taken. I am sorry for the pain and frustration I went through in the entire process for no fault of mine. My main worry was that my entire family was stressed because of that. I actually had to take my father to IBM to show them the surgery scars. They took photographs of it and asked several questions of my mom and dad. I felt really bad for them. The new company insisted on the relieving letter, so I had to hold onto my temper and come out clean.

I was deeply hurt by the way people in IBM handled the situation. Even before anything was proved, they already started treating me like a tainted employee. That part I could not tolerate.

Anyways, I am happy that the truth prevailed, and that's all that matters.

Thanks,
Rajee