How Can I Handle a Former Employer Demanding Money for Experience Letters After Absconding?

I was working in a terrible company in 2021, in India. In the offer letter, they mentioned that I needed to compulsorily work in their company for 3 years. After working very hard for 1 year, they did not give a good hike, and the work culture was horrible. I left the company by returning the laptop. They did not give my last month's salary. When I asked them about the salary, they told me I was absconded and needed to pay 2 lakh rupees to get the relieving and experience letters. It was my 9 months' salary in that company. I worked from 6 am to 8 pm, and even on weekends.

I don't want to give that money, and they sent a lawyer's notice asking me to pay them 2 lakhs. I also sent a reply to the lawyer's notice, saying, show me the proof I signed any bond/service agreement or anything. They just asked us to sign the offer letter, in which one of the conditions was to work there for 3 years. After my reply to the lawyer's notice, they did not give any reply. Now, after 3 years, I came to the USA and mistakenly mentioned that experience in my resume.

Now I called them and said I would pay that 2 lakh rupees and asked them to give me those relieving and experience letters. They are not giving any reply. They asked to pay with interest, and I agreed, but more than money, they have ruined several of my friends' lives in the background check, and they want to do the same to me. What should I do now? Kindly please tell me.

Also, they did not mention 2 lakh rupees in the offer letter. We were 22 members, and one instructor taught Tutorials Point topics for namesake for 3 months. They are asking, we don't need money, we want you to come and work for us, or we will ruin your life.

Hi, it is always advisable to read the terms and conditions of any offer or employment letter before you accept and sign.

It is very unfortunate that you were harassed by your ex-employer. Anyway, now, what is the need for a relieving cum experience letter after the lapse of 3 years, especially when you got relocated to the US? It's better to remove that employer's name from your resume. However, if the details of your ex-employment have already been submitted to your current employer, they might initiate a formal background verification process. Initiating legal proceedings might worsen the issue further. So, handle it diplomatically. Ask a senior member of your family to meet with HR and take it up further.

Thank you so much for your advice, Lakshmi Narayana. As they previously asked for 2 lakh rupees, I thought I could pay them and get those letters now. It took 7 months to get a job offer. I was relentlessly trying to get interview calls in this challenging job market and really forgot about these letters at that time, which has become an issue now.

As you suggested, I will ask my father to talk with the higher management.

Legal Implications of Employment Bonds in India

The condition of having to work for a specific period is illegal and not enforceable in India. However, you need that particular letter, so they have leverage on you.

Legally, they cannot do anything to you, just as they dropped the matter after your reply to their legal notice.

On the other hand, you can do very little to them either. Taking actual legal action is very expensive and time-consuming in India, so you have few options here. But you already know this, so what exactly is the question you want answered?

Dear Maverick,

There is a proverb, "birds of a feather flock together." It is evident from your case that the worst one works in the worst place. You can't blame or call the company the worst in public for your own reasons.

You were at fault for not adhering to the terms of appointment. Initially, you declined to pay, but now you want to pay when your situation has worsened.

If you really want to get out of the situation, a lawyer's notice would not help you much. If your salary for 9 months is withheld, proceed through the court to claim the unpaid salary.

Options for Obtaining a Relieving Letter

If you are really desperate to get that letter, your options could be:

1) Negotiate with the company and settle the issue.

2) If that doesn't work, taking legal action is the only recourse, but it may not address your urgency. One-sided bonds, if signed, are not enforceable in India. However, you should review the terms and conditions of your appointment regarding the 'notice period.' Did you comply with that stipulation? Did you serve the 'notice period' when you resigned? How were you relieved by the company? If you were not officially relieved, how was your separation handled by the company? If there is no official relieving, there is a risk of 'absconding' being noted in your service records. It's crucial to check this before proceeding further.