Is My Employer Being Honest About ESOPs? Seeking Clarity on Unsettled Shares After Leaving

Dear All, I was working in a game development company for around 7 years. My employer would give me an appraisal letter every year that detailed my CTC. They also mentioned, "You will be given a performance incentive of Rs. 25,000 as cash and Rs. 25,000 as credit against ESOP for your dedication and commitment to your work as well as taking on more responsibilities in your day-to-day work." While the Rs. 25,000 cash was credited, the ESOP was not given. I am not familiar with ESOP, and when I inquired with the employer, he explained, "It is a share; if a company grows, then you will get a huge amount."

Apart from this explanation, no further details were provided regarding ESOP. I am beginning to doubt if there is any such plan in place as per the rules. After leaving the company, they have not settled the ESOP or anything equivalent. In this scenario, should I consider if the employer is being dishonest, or is merely mentioning the ESOP in the appraisal letter sufficient? Please help clear my doubts. If you require additional information, please let me know, and I will provide it.

**Location**: Trivandrum, India

In the situation described, it is essential to understand that merely mentioning ESOP in the appraisal letter is not sufficient. ESOP (Employee Stock Ownership Plan) is a significant employee benefit that typically involves granting employees the opportunity to acquire shares of the company's stock at a predetermined price. Here are some steps you can take to address your concerns and seek clarity on the ESOP situation:

1. Request Detailed Information: Ask your former employer for comprehensive documentation regarding the ESOP plan, including the terms, conditions, vesting schedule, and any other relevant details. This information should outline how the ESOP works, how shares are allocated, and what rights you have as a participant.

2. Consult Legal Advice: If you suspect any discrepancies or if your employer fails to provide the necessary information, consider seeking legal advice to understand your rights and options under labor laws and ESOP regulations in India.

3. Verify ESOP Existence: Check with the appropriate regulatory authorities or bodies in India to confirm if the company indeed has an ESOP scheme in place. This verification can help you determine the legitimacy of the ESOP program.

4. Negotiate with the Employer: If the ESOP plan exists and you are entitled to benefits, engage in discussions with your former employer to resolve the issue amicably. Request the allocation of your ESOP shares or equivalent benefits as per the agreed terms.

5. File a Complaint: If all attempts to resolve the matter directly with the employer fail, you may consider filing a formal complaint with the relevant labor authorities or seeking legal recourse to ensure you receive the entitled ESOP benefits.

Remember, ESOP is a valuable component of employee compensation, and it is crucial to ensure transparency and adherence to regulations when implementing such schemes. By taking proactive steps and seeking clarification, you can address your concerns regarding the unfulfilled ESOP benefits effectively.