Navigating Forced Resignation and Background Check Challenges: Employee Rights and Legal Implication

Hi,

I am an employee of AXXX Company. I resigned forcibly from this company due to multiple background checks. Many times, they tortured me to produce documents of experience certificates. I provided whatever supporting documents I had with me.

The HR called for a discussion on this issue and forced me to resign on the spot via email, stating that I am resigning from AXXX company due to personal reasons. Now, they are not providing me with a relieving letter and are pressuring me to return the bonus amount of 100000 that was given to me when I joined AXXX Company.

During my verification process, they repeatedly called me and tormented me to produce the required documents, to the point where I even cried.

Please guide me on what I can do.

In the final email communication I had with them, I stated, "I am not able to return the required amount due to the forced resignation and torture. Please release my relieving letter and credit my account for 15 days of work salary."

Please advise on what steps I should take.

Expecting a prompt reply.

AXXX (Company Name Changed)

Thanks in advance,

GANESH

Dear Ganesh,

Kindly let us know the exact scenario. What do you mean by torture for documents? You also mentioned Background Checks, but why would they call you for background verification?

Also, nobody can sign a forcible resignation from an employee. The company is right if they are asking back the joining bonus amount paid to you, especially if you have only worked for 15 days.

You need to provide the exact details for anybody from this forum to give you any feedback.

Hi,

The exact scenario is as follows:

I joined this organization on Dec 30, 2014. They forced me to resign on 16th June 2014. They do background verification for two previous companies.

The previous documents are fine with no problem, but with the previous company, I was working on a contract. Due to improper payment issues, I left that organization. I worked there for one and a half years. They paid the salary by check, sometimes no salary. In the present company, they came to know this during background verification, and they called me to produce the correct documents. I provided the appointment letter, payslip, and relieving letter. I tried my best to produce the required documents, but it was not possible in the end. They called me four times for discussion, behaving harshly, shouting, and even making me cry. In the final meeting, they forced me to resign on the spot. They instructed me to write that I am resigning from the company due to personal reasons, which I did as guided by HR. Now, I am asking for a relieving letter, but they are not providing it. They are asking me to return a 100,000 bonus amount. I was engaged in a project during my tenure.

Please advise me on how to proceed with this situation. They forced me to resign and are now asking for money. Is this right?

Thank you.

Dear Ganesh,

This clearly shows that you withheld the information about being on contract rolls when you joined the company. Also, the documents submitted by you are not in line with the information provided at the time of joining. Due to errors and false information found in your submission, they are requesting your resignation.

It is fair that they are asking for the return of the Joining Bonus since false information was provided.

If one submits false information in company forms and the verification reveals conflicting information, no amount of protest will be valid.

Whatever information provided by you to the company, whether true or false, does not matter. If incorrect information is provided by you, the company can issue a memo or terminate you. You can file a criminal complaint by consulting with an advocate within the time limit to file a complaint. Talk with the company once again that you are going to file a criminal complaint and negotiate the matter accordingly.

Dear Gharanpallu,

Kindly refrain from giving wrong information or suggesting unethical actions. If incorrect information is provided, what will be the course of action in terms of legal proceedings?