Navigating Resignation Disputes and Final Settlements Amid Allegations of Harassment

I was working with a company 3 months back. They told me one day that my performance was bad and I had to leave the company. However, the company would pay me 1 month's salary and the last month's salary for the days I worked. Also, when I joined the company, I received a joining bonus that I was supposed to return if I left the company before 2 years. Since they asked me to leave before 2 years, I requested them to waive off my joining bonus recovery. HR agreed to it and informed me that I needed to obtain Manager's approval for this. My manager approved the request. They instructed me that I could collect my settlement amount after 45 days and asked me to write a resignation letter on the same day.

After 45 days, they informed me to come back after 2 weeks as they considered my case complicated. Upon calling them after 2 weeks, they instructed me to collect the cheque in person. When I arrived, I questioned them about deducting my joining bonus amount, to which they explained it was a company policy that couldn't be altered. Subsequently, they sent me a notice accusing me of obtaining the resignation letter unlawfully and threatening them, despite me only seeking a logical explanation. They also warned me of their intent to file a police complaint against me.

What steps should I take now?

Please elaborate on your query. When you went to collect the cheque, did they give it to you, and did you accept it? Secondly, which letter did you take illegally? Kindly explain to provide a fair view. Lastly, is the notice from your company or from a lawyer?

Thanks for the reply.

I went to collect the cheque on 2nd August. They gave it to me, but I did not accept it. Instead, I asked them to allow me to talk to the Senior HR or CEO so I can clarify the matter. They denied my request and told me to come back later. In fact, they threatened to spread negative rumors about me in other companies to ruin my career. Additionally, one HR representative even mentioned the possibility of physically attacking me if I didn't leave.

I did not take any documents illegally. When my manager asked me to leave, HR was present in the cabin and had already taken my laptop and cleared my desk. I informed them that I needed to repay the joining bonus to the company, but since they were asking me to leave, I inquired if it was still necessary. Both HR and my manager assured me that I did not need to repay the bonus. Therefore, I requested a written confirmation (due to past issues with verbal agreements at the company). HR stated that only my manager could approve this request. They also instructed me to submit a resignation email as per company policy, wherein I included a request to waive off my joining bonus. My manager responded in the same email (with HR copied) confirming the waiver of the joining bonus. Subsequently, HR printed out the email, obtained signatures from the manager, and affixed the company stamp on it. Since HR was involved throughout the process, I believed there wouldn't be any issues.

The notice demanding repayment of the joining bonus is from the company. I have not received any payments from them, yet they are insisting on the return of the joining bonus.

Thanks,
Anuj

Dear Team,

Recently, we planned quality circles in my organization. We have a total of 5 teams. Kindly suggest team names for me. Please share suitable names for the teams and do the needful.

Thank you.

Thank you for your prompt reply. Please be informed that the joining bonus is paid only to a few candidates as a special case. If the conditions are not fulfilled, the same must be returned without any legal issues. A reporting manager cannot waive it suddenly unless authorized. Therefore, you are hereby requested to settle the issue amicably by discussing it politely across the table.

Thank you for understanding the issue. I just have one last query: Even if they asked me to leave the company, am I bound to pay that joining bonus? I tried to resolve this matter in a polite way, but they don't even talk to me. They are completely ignoring me.

Legally, you have resigned, and they have not terminated you. You do not have any grounds to fight other than a smooth exit. Let it be a learning experience and move on rather than lamenting the loss.

Dear Anuj,

Why do you not speak with the company seniors? You can write an email directly to them and seek their time. You can also approach them directly and present your case to them. From all the above matters, it's clear that you have resigned and were not terminated. Have you, in your resignation letter, mentioned that you are resigning as the company has told you to do so? If that's the wording and that's been accepted by the company, then yours is a termination case. But try and amicably settle the matter.

Regards,
Ashutosh Thakre

Dear Anuj,

Most of the problems occur and become complicated when we do not engage in mutual interaction with the management. In line with my other colleagues, I would also suggest having one-on-one interaction with the management representative who holds significance and attempting to resolve the issue amicably.

Thanks and regards,
S.K. Johri