Stuck in Employment Limbo: How Can I Move Forward Without a Termination Letter?

Nobody Special
Termination Notice and Employment Status

My situation is like this: I was given a termination notice a year ago, and that was a month after I reported the unlawful conduct of the company to the authorities. Along with the termination notice, I was suspended from work. The termination decision was okay with me because such retaliation was expected from that employer, even though retaliation is not allowed as per the company's code of ethics. I do not want to fight that case, and I want to quit anyway. The company stopped paying me my salary also. However, they are not issuing my termination letter/relieving letter and experience letter. I am not able to join another job as I am not yet relieved from my current employment. I am not able to establish my experience as I do not have my experience letter. A year has gone by since suspension, and yet no decision has been made regarding termination. Most of the reminders that I sent were left unanswered, and once I received a reply stating that the company needs time to decide on my termination. It is not possible for me to survive without a salary and without a job anymore. What are my options in this situation? Can anyone help me understand what my employment status currently is and what my rights are under such circumstances?
anil.arora
Understanding Unlawful Conduct and Its Consequences

Could you please explain this "Unlawful conduct" to us? How many years of experience do you have, and could you please show more details? Is it you who committed this mistake, or if it was you, then you don't deserve an experience letter but rather a termination letter needs to be issued to you. If you have been caught with any unlawful activity and terminated, a termination letter is not only a formality but a necessary document in such cases.

But one thing, tell me, what will you do with a termination letter, and what do you want them to mention in your experience letter? Do you require it to state that you have engaged in a crime or unlawful activity during your tenure? Also, I would say that you must thank them that no legal action has been taken against you; otherwise, you can assume the consequences you could face, even when you also accept your mistakes.

Hope you have realized your past actions and promise yourself that you will never engage in such activities in the future, and the same is expected too.

Regards
Nobody Special
I guess my original post does not convey correctly what I wanted to.

I was not the one caught with unlawful activity. I reported the unlawful conduct of my employer to the authorities after suffering the consequences of their misconduct. I was given the wrong visa to travel abroad and was caught at the immigration of the foreign country and deported. The company does this to all its employees. Usually, things do not go wrong, but that does not mean the employer can take this chance regularly. I reported them as I do not want another employee to suffer the humiliation that I went through for no mistake of mine. More importantly, the company does not have any intention to correct this strategy even after my unfortunate experience.

I lost my job because of that, and I do not have regrets. An experience letter is, of course, required. If prospective employers call up the previous employer for a reference, they can give wrong/bad references, and in the absence of a service letter, I won't be able to prove my 14 years of experience and the kind of job that I have been doing during this tenure. I am saying this from my experience as I have already lost 2 opportunities for the reason that I could not clear the reference check. A termination letter is required because that serves as the relieving letter. My question was - if anyone could help me understand my legal rights (if at all a suspended employee has any) to demand my termination letter and if I am eligible for severance pay?
anil.arora
Oh, sincere apologies for that. Your courage in raising your voice against the wrongdoings is commendable. You seem to be a very senior person with good experience (14 years, as you mentioned). Well, the very first thing you can do is seek help from your local Labor Inspector/Commissioner. Just explain the complete story to them, and they will take care of the rest and proceed with appropriate action.
Nobody Special
Thank you very much. I have seriously considered contacting the labor commission, but based on the information I have received, resolving issues through the labor commission can be a very lengthy process. Since I am currently without a salary and unable to secure another job, I am hesitant to undergo any lengthy procedures. However, if there is no quick solution available, I believe I will initiate the process without delay.
anil.arora
Resolution Through the Labor Commission

Thanks very much. I have seriously thought of talking to the labor commission, but based on the information I have received, the resolution through the labor commission is a very lengthy process. Since I do not have a salary now and am not able to join another job, I hesitate to go through any process that is lengthy. However, if there is no quick solution, I think I would start the process right away.

Well, it seems you have provided incorrect information about the Labor Inspector/Commissioner. However, it is true that they have their own procedures to handle this kind of case because they cannot take quick action without valid and strong proof of wrongdoing by the employer towards the employee.

You also need to send a complaint cum request letter to your employer, along with a CC to the Labor Inspector/Commissioner by registered post.

Secondly, you mentioned that you tried hard to get in touch with them by email. Have you ever tried to meet them personally after the day you left your company? If not, you can pay them a visit and request your clearance.

If you have ever mentioned this case to your recruiters/employer during your interview, please refrain from repeating the same.
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