Stuck Without a Relieving Letter: How Can I Resolve This HR and Asset Dispute?

Issue with Relieving Documents

I resigned, relieved, or was laid off. I handed over all assets and documents on the same day. My full and final amount was transferred to my account the next day, but HR promised to send my relieving documents to my home the following day.

Unfortunately, I have not received the documents, and after two weeks, HR is now saying that some assets are missing and are under my responsibility. My supervisor has been overseeing all the assets for the last several months. Even though I have no idea and asked him when required, he accepted during the handover process that nothing was pending.

The employer has also sent this information to the local police, where I had a meeting and provided the same explanation—that if anything is missing from my relieving and the HR formalities processed, I cannot provide any justification for what happened in my absence.

Seeking Advice

What are my options now? I have sent many email communications to them. My new employer, where I have been selected, is looking for a relieving letter.

Dear member,

You mentioned that upon resigning, your clearance from the former company has been completed, and you have received your dues. However, the issue of the relieving letter remains pending.

Clearance Process

Typically, in most companies, a resigning employee is required to visit each department and obtain signatures to confirm no outstanding dues on the clearance form. Have you completed this process? If so, do you have a photocopy of the form signed by the authorized personnel from each department?

Police Complaint and Company Notice

You noted that your former company has filed a police complaint. Prior to involving the police, did your company send you a formal notice regarding the return of any company-issued items? If such a notice was sent, how did you respond?

I advise you to draft a detailed letter to the Managing Director of your ex-company outlining your stance with any supporting evidence, asserting that you have returned all company property before your departure, and requesting the issuance of the relieving letter.

Legal Action and Trust Issues

If the company has taken legal action, it indicates a significant trust issue. They likely possess evidence of you retaining company property. Without substantial evidence, they would not have proceeded in this manner.

Additionally, please confirm your previous job title and the number of individuals under your supervision.

When composing your next communication, reiterate the sequence of events in chronological order.

Thank you,

Dinesh Divekar

Actually, they asked me to resign from the Regional Manager IT position and cleared it with the departments upfront, but they didn’t follow the formalities for no dues. I resigned and have a copy of that, but nothing else. The HR manager promised to send the documents and salary the next day, as they were taking time that day. I believed them and went home. The next day, I received the full and final payment in my account but did not get the documents. I followed up with them, but they called me and asked about one missing asset. I told them that I didn’t have any assets and had handed over everything on the same day. After that, they called me again and said if I did not return the missing asset, they would take administrative action. They filed an application with the local police, and we had a meeting with a police officer where I clarified that I was not managing the inventory directly; that was one of my reportees. After being relieved, if something is missing, I don’t have any information because it happened in my absence. If they had done this before relieving me, I could have provided the details. Three people were reporting to me from two plants. After that, they sent another letter to me, adding one more missing asset and copying it to the local police. I replied by email with the same explanation, CCing the global and local team. They again asked for details about the assets. I replied with the same answers. I am now awaiting their response.

Since your F&F settlement has been completed, it is prima facie proof that there is nothing outstanding from you. You are only responsible for the items you have personally received and for which you have provided acknowledgment. Do they have a receipt for the missing articles? If there is no receipt, you can deny receiving them. You can also request them to produce the receipt before involving the police.

Handling Missing Items

Have the missing items been entrusted to your subordinates? If so, do you have any evidence to support this?

Acknowledgment of Asset Handover

Acknowledged assets were personally handed over to me on the same day. My subordinate had been managing the assets for 7-8 months and clarified the situation with HR on that same day. Finance also provided clarification promptly. All details were sorted out on the same day. I had already denied any involvement during the meeting with the police and in all corresponding communications, requesting proof of the missing assets.

Missing Assets Inquiry

After 4-5 days, they approached me about different missing assets. However, I have no information concerning assets that went missing in my absence. Typically, assets were stored in various departments, the IT Office, or the IT Asset Store. My mistake was solely relying on the HR Manager to obtain the necessary documents the following day due to a lack of doubt or suspicion, given our good relationship.

Evidence of Full and Final Settlement

I can only provide evidence of receiving the full and final amount in my account the next day. The police also requested evidence from them, which they were unable to provide, leading to no further inquiries from the police.

Current Situation and Next Steps

Today, I spoke to a responsible HR person regarding their expectations from me as I do not possess any assets. The current query is how to obtain the relieving, full, and final documents with the remaining outstanding variables from them. What are the further options available to them now?

It appears there is an intentional attempt to deny you the documents needed. Filing a police complaint is a serious matter, and it is likely that someone has an axe to grind and is deliberately delaying. One approach is to take up the matter at higher levels. Secondly, get a legal notice issued. Lodging a criminal complaint at a police station without sufficient evidence amounts to false prosecution, and the complainant in the police station is liable for action under Section 182 & 211 IPC. It also has civil and criminal consequences for defamation.