Struggling with False Allegations and Delayed FnF Settlement: How Can I Get Justice?

I worked in an IT company for 2 years. I left the company because of mental torture. After leaving, my Company HR Manager has not processed my FnF Settlement for the past 7 months. I left my company due to the mental torture from my reporting manager, who made false allegations against me. I resigned and served the 40-day notice period. My last day in the company was October 31, 2013, and since then, I have been following up with everyone for the FnF Settlement. However, they keep giving excuses.

For the last 3 months, whenever I approached the Company HR Manager, he initially said he would investigate the matter and help me get justice. But after following up for 3 months, he did nothing. Instead, he started accusing me of submitting fraudulent certificates and stealing a hard disk and laptop from a client. He even claimed that I confessed to these actions in writing, which is untrue. I tried to explain and convince him of my innocence, but he refused to listen.

I even went to the police station seeking justice, but they sided with the company's claims. The HR Manager threatened legal action against me but has not taken any steps yet. Every time I follow up for my FnF Settlement, they warn me of legal consequences and try to intimidate me. I am innocent, but my reporting manager and the company's HR are playing games to avoid paying my settlement, PF amount, and providing my Experience and Relieving Letter.

False Allegations by Ex-Reporting Manager

My ex-reporting manager has leveled false allegations against me, which the Company HR is now supporting:

• Poor performance at the job site, based on customer complaints.
• Late reporting to the office.
• Pressuring me to find a new job before termination.
• Giving unnecessary work before leaving in the evening.
• Allegations of document fraud (PAN Card, HSC, Diploma).
• Accusing me of taking a computer hard disk.
• Deleting and stealing office data.
• Taking an office laptop.
• Sending spam or illegal emails to senior office members and others.

These are false allegations, yet they refuse to provide them in writing or terminate me. I resigned due to the mental torture. Recently, I discovered that the Employer PF was not deposited in my account.

I request your expert suggestions on how to proceed with my FnF Settlement, obtain my Experience/Relieving letter, and retrieve my PF Amount.

Thank you.

After reading your case, I feel that there may have been an incident that occurred which you have not mentioned here. This incident seems to be connected to fraud and misconduct, with blame being placed on you. Additionally, you mentioned that your senior forcefully took a written letter from you regarding points 6, 7, and 8.

Therefore, I would appreciate it if you could provide us with details about the exact incident that occurred. This will enable members to offer you advice more effectively.

Thank you.

I am providing more details about Points No. 6, 7, and 8. I had been deployed in one branch and was managing other branches from that location. Suddenly, one morning, I received a call from a customer who was a senior IT manager. He mentioned that a person had absconded from the South Mumbai branch, causing an escalation. Hence, I was asked to go and work from the South Mumbai branch for a few weeks. When I received the call, I took my own desktop hard disk, which the company had provided for my use. I took that hard disk and started working from the South Mumbai branch. When my reporting manager found out, he made an issue about me taking the company hard disk without informing anyone. I explained that it was a device the company gave me for use, and I could take it anywhere, but he did not listen. He instructed me to submit it to the branch from where I took it. So, I took my data and kept it online so that I could work from any branch. Again, my reporting manager made an issue, claiming I deleted the data. I clarified that the data was safe and not deleted; I kept it online to facilitate my work. But as usual, he made an issue. When I was moved from my branch to the South Mumbai branch, during that time, someone stole the laptop. Although I was not there, he still accused me and forced me to write a statement. I said I had not taken the laptop and would not write such a statement. He insisted that since the branch was under my supervision, I had to write that I had not taken the laptop and further state that I took the hard disk to another branch and the data was not there. He forced me, so I wrote and gave it to him. When I left the company, a few days before my last day, I submitted the hard disk that was given to me for work. I also provided all the data that I kept online. Additionally, I helped in searching for the person who took the laptop. He appreciated my work when I was leaving, but after that, he tarnished my image in the company's HR, which is why they are not processing the settlement. Please let me know what needs to be done. I am honest; I have not taken anything; these people are just framing me. Please help.

I had taken in writing from me, and they gave me lots of pressure for writing. Hence, I gave it in writing. However, I had only written that I accept that the hard disk had been moved from one office branch to another office branch for office work. In the second letter, I had written that I had not taken the laptop and that I would provide full cooperation in searching for it. I did not admit to taking the hard disk or laptop; I simply stated that I would assist in the search and had moved the hard disk to another office for work. The same hard disk was returned to the office after resolving the issue, and the data was also provided by me. I did not admit to any crime, so how can anyone blame me and construe that letter as an admission of guilt? I request Anand Sir and everyone to please advise.

Thank you, Everyone and Anand Sir.

Request you to please read my answers on the 4 points given by you.

1) Communication with Reporting Boss

When you got the call to move to another branch, then you did not intimate your reporting boss regarding the same as you got a call from another person?

Answer: I got a call from my customer to move from one branch to another branch in the morning around 8:45 AM. I reached there and met the concerned person. After the meeting, I called my reporting manager and informed him that, due to a critical situation, I had been moved by the customer.

2) Data Storage Practices

You kept data online, how can you keep company confidential data online (on personal custody)?

Answer: I had stored data online on the company server and not on my personal device. All the official data was stored on their own company server, which was password-protected, so that I could work from any branch. Nothing was stored on a personal device.

3) Stolen Laptop Incident

If you say that your laptop has been stolen, then why did you not file a police complaint? It should be avoided to force your boss to take everything in writing from you.

Answer: The company laptop was stolen, so how could I file a police complaint as it was not my asset but the company's asset? It was the duty of the company's legal department to file the FIR for the stolen laptop.

4) Written Statements and Company Actions

Whatever you have given in writing, which is not useful for you but is very much useful for the company.

Answer: As I said earlier, I did not confess that I had taken the asset. I just wrote that I had not taken it and would cooperate in catching the culprit. They forcefully took it in writing on 17-Oct-2013, and my last day was on 31-Oct-2013, after which my boss initially helped me in getting all the necessary approvals for clearing my settlement. A copy of my boss's email is with me, in which he said that within a few days, he would get approval from his higher authorities, and then I would get my settlement. If I had given in writing, they would have had enough time to take legal action. Why have they still not used the letter they took from me forcefully? Now, when I am doing my follow-ups for the last 7 months, the HR Manager is raising points. If you want, you should take action immediately. Why are they waiting till now? When I am asking for my own money, they are just giving warnings that they will take legal action. Why are they not taking action on me? Everyone in the company had given approval that I had confirmed with HR. Now only the HR Manager is not giving approval, and when I am following up, he just puts allegations and does not take any action, just giving warnings.

Sir, please guide me on how to get my FnF Cheque, my experience letter, and my PF Amount.

Regards.

Are you still unemployed or employed? Secondly, what is the amount of the FNF, and what was your last salary drawn, to ascertain whether the legal approach is worth it or not.

Legal Steps to Address Employment Issues

Approach a lawyer, take their advice, and send a legal notice to your employer.

With regards to the PF amount, check online to see whether it has been deposited in your PF account. Also, check your payslip to confirm if the same amount has been deducted from your salary. If you have enough evidence, file a complaint with the RPFO of your city.

Regards.

Do you think approaching a lawyer and sending a legal notice to my company will work? My friend mentioned that if you go to court and hire a lawyer, it will take a lot of time. They also said that the company will likely defend itself, which could result in a lengthy process to get justice. Please advise on what you suggest.