How Can I Resolve Unpaid Dues and Get My Relieving Letter After Leaving a Job?

I left my first organization in May 2012. My tenure with the organization was 7 years and 5 months. I tendered a proper resignation before leaving; however, I couldn't serve the notice period due to certain obligations with the new firm I had to join. It was a verbal agreement between me and my then-current manager that I could be relieved from my duties, although the company clauses do state serving a 30-day notice. However, post-leaving this organization, I continued to receive my salary for the next 4 months, which I didn't report to the organization. It was absolutely negligent on my manager's part not to raise a separation request with the concerned payroll team, due to which I continued to be on the payroll of the organization.

After 4 months, the salary stopped, to which I again neglected.

Recently, when I contacted them, they have quoted due arrears from my side that they want me to pay, post them deducting my gratuity and other F&F allowances.

Also, my notice period is not waived considering I worked with the organization for 7.5 years, which is a long time. I was an extremely dedicated and loyal employee of the firm.

Furthermore, all the communication for the F&F has been from my side, and they haven't initiated a single dialogue, considering they don't really care, given their past unprofessional actions. I also tried calling up my previous manager, who hasn't picked up my phone calls or responded to my SMS. I would like to know what my rights are in such a case, as I want my relieving letter, PF, and other dues back from the organization.

Hoping to hear from you soon.

Legal Entitlements and Professional Conduct

In your case, your ex-employer is legally entitled to recover the extra 4 months' salary paid to you and also recover the salary against the notice period. The verbal settlement you had has no value unless there is something in writing. You were receiving salary credits in your account without informing the organization deliberately, which is a very unprofessional and unethical approach. Your actions themselves create doubts about your credibility.

I don't understand how you are considering yourself a dedicated and loyal employee. Go and meet with the HR person to settle the issue mutually after repaying the extra amount you have received and the notice period salary. Always keep in mind that you can't have your cake and eat it too.

Regards,
Kamal

Thank you for shedding light on this matter, Kamal. Although I never denied returning the extra 4 months' salary, I strongly feel that they should have given me some relief on the notice period waiver, considering the fact that I served them for 7.5 years. However, I will definitely connect with my previous employer/HR and settle this matter.

Thanks again.

Further to what Kamal said, you cannot expect an organization to respond positively after you have pocketed four months' salary. I can understand being overpaid for one or a maximum of two months, but three months and beyond, as well as your keeping quiet in the matter, cannot inspire confidence in fair dealings with you. Considering your interest in resolving the matter, it is better to approach the HR Department and come clean about the situation. Most probably, once you pay back whatever is not due to you, they may agree to waive part of the notice period. Remember, when your hands are not clean, you cannot expect a fair deal.

Regards,
KK

Employee Integrity and Ethical Conduct

Just to take an example, an employee in our office on study leave was given a full salary for a month (in excess of his accumulated leave). Immediately upon receiving the credit, he sent an email back saying that it seemed to be a mistake and offered to issue a cheque immediately for the excess.

Someone like him, I will consider and help. Someone like you, who is unethical and ready to take undue advantage, I will make life as difficult as I can. Incidentally, I hope you realize that in the future, any background verification with the earlier company will definitely give negative feedback.

Employer Expectations and Ethical Practices

First of all, for an employer, credibility, ethical practices, and integrity at a high level are expected from any employee, irrespective of the level, competency, and experience of the employees. Please note that the company has various methods to recover the amount paid to you, which you are not legally entitled to. You have pocketed four months' salary and also seven and a half years of salary with such an unethical exit.

All of us in the company, at different decision-making authority levels, first and foremost, expect this, and that is what the relationship is all about. You have left behind a negative impression and adverse remark. You do not seem to care about the aftermath in your career. The damage has already been done by your deliberate actions. What about your elders, friends, and colleagues in your present company, and importantly, your spouse in your life? Your spouse should have advised you on your moves.

Taking Corrective Steps

However, for taking corrective steps, it is never too late. If not already done, immediately repay the four months' salary. Also, ask for dues if you have properly exited. Bear in mind that we, as professionals, look for background verification of candidates, especially in employment history. I have been running a background checking company (not mere verification) in Chennai since 2005. I have provided candid negative reports if there is any doubt regarding integrity and ethical practices in previous companies. We can easily uncover such things over time with the 600 sets of profiles we have managed so far.

Learning from Mistakes

Learn from the mistakes in your career and life. I fail to understand how the people around you have not prevented you from doing this. They may think that no one notices and that it can happen silently. Also, advise them and tell them that this wrong must be boldly undone if not already done.

Regards,
V. Rangarajan. (Chennai)