Frustrated with Delayed Full and Final Settlement: Can I Take Legal Action Against My Former Employer?

I was working with an MNC firm since December 2012. My last working date with that firm was June 6, 2014. I served my two months' notice period and resigned as per the company policies. They told me I would be receiving an email from them after 45 days. This email would contain the Full and Final (F&F) settlement statement, and if I am okay with the statement, I just need to take a printout, sign it, scan it, and drop an email to them. After 12 more days, they will release my F&F settlement amount.

Even after 45 days, I did not receive any email from them, so I emailed them on August 4, 2014, asking for an update. In response to my email, HR said they had already sent me an email on June 20 and attached a copy of the email. Upon reviewing the attached email, I realized they had sent it to the wrong email address. Consequently, I did not receive it. I informed them that it was their mistake for sending it to the wrong email address (I had provided my contact details correctly, including my email id while leaving the organization, which was also double-checked). The mistake was made by HR while typing the email. They then sent me the F&F statement and asked me to review it.

Once again, there was an error on their part. The last working day mentioned there was June 10, 2014, instead of June 6, 2014. I responded to the email on August 5, 2014, pointing out the error and requesting a correction. Since then, I have not received the F&F statement. Every week, I ask them for an update via email, but they simply respond that it is still in process.

I am wondering if there is any legal action I can take against the company for continuously delaying this process and not responding adequately. How should I proceed further on this matter?

Your prompt response is highly appreciated.

Have you received your release letter after completing your notice period? If not, please ask HR to send your release letter at the earliest opportunity. Without this, you can't proceed in a legal manner. Please note that this is not the ultimate solution. Remember, if you adhere to the rules and regulations of your company throughout your tenure, nobody can accuse you, blame you, or harass you any further.

Please Follow These Basic Guidelines:

1. Collect all communication emails and print them out accordingly.
2. Arrange a physical meeting with your HR Executive and Accounts Department regarding your full and final settlement.
3. Inquire about the final date of settlement.
4. Draft a letter detailing your employment information and your complaint against the F & F Process to the CM/VC/MD, with copies to the HR Dept & A/c-Dept., and enclose all communication details.
5. Initiate the follow-up process.

Hopefully, this will help break the ice.

Regards,

Thank you for your reply. I received all the letters on my last working day. I have already cc'd the Manager/MD to the existing email thread on 26-Aug. Although the manager replied to the email the very next day, asking the Finance guy to expedite this request, there has been no response from the HR/Finance team yet.

I had already asked for a tentative date, but the answer I received is that it is in process. I won't be able to follow option 2 suggested by you since I am working with another company during normal business hours.

How long do you suggest I wait for an email from the HR/Finance team (the last email was sent on 26-Aug)?

It is 100 times more effective when you physically visit your previous office instead of sending a mailing request. In my point of view, you should just make a visit to your previous office without further delay and talk to the HR team about final clearance. Moreover, you can submit a hard copy of your complaint letter addressed to the MD and obtain a signed receipt copy of the same for your further course of action if needed.

With best regards,