Dear Senior HR Community members,
I would like to present my case to all of you to give your valuable views/opinions on the way forward.
Background and Experience
I have approximately 25 years of industrial experience in the pharmaceutical field, having worked with MNCs and reputed Indian companies. My last position was with a well-known pharmaceutical company in Chennai from September 2007 to May 2014. Initially, I worked in the Product Development department under a senior person (DGM-PD) and was designated as AGM-PD. In April 2008, I was transferred to another plant working towards MHRA accreditation, designated as AGM-R&D. By July 2008, I was also tasked with developing high-value dermaceuticals, reporting to the Senior Vice-President (Operations).
Role and Responsibilities
In 2009, I was asked to focus solely on the development of high-value dermaceuticals, with a redesignation to DGM-R&D. We started with three people and expanded to thirty. During this time, the company filed numerous patents. These innovations were guided by an outside consultant, through whom I joined the company in 2007. The company notarized a document stating that all innovation concepts originated from this consultant, who was the key inventor of all derma innovations. One product received a patent grant from Europe and Japan. However, when filed with the USPTO (US Patent Office), the application was rejected in February 2014. The consultant eventually left the company, and I was briefed by the MD & SVP(O) about these developments.
Challenges and Resignation
The SVP(O) threatened me with serious consequences if I maintained any working relationship with the consultant and also threatened that I could not resign. Within three days, I resigned, citing personal reasons, and submitted my resignation to the MD, with copies to the SVP(O) and Head-HR on March 1, 2014, with a two-month notice period. By late April 2014, I was asked to extend my notice period to May 2014. During these three months, I trained the Sr. Manager (R&D) and submitted all documents to him. A joint monthly report was prepared and submitted to all stakeholders.
In mid-May 2014, I was asked to sign a declaration form as a joint inventor for a patent rejected in the US, which I refused due to legal implications. I explained my reasons to the Head-HR with supporting documents. Despite threats from management, I did not sign the form and requested immediate relief from duties. The Head-HR requested I stay until May 31, 2014, to participate in the KRA session for 2014-15, which I did.
Legal Issues and Current Situation
On May 31, 2014, I was presented with a charge letter accusing me of confidentiality violations and fictitious charges, stating my final settlement would be delayed. I returned company property to HR, but they did not acknowledge receipt. The charge letter was later sent by registered post on June 4, 2014. I replied, requesting settlement of my dues. In late June, I received another letter reiterating the charges and the possibility of civil/criminal action. In late July 2014, I received a legal notice demanding an apology and Rs 25 lakhs compensation within seven days.
I consulted a high court advocate and replied on August 1, 2014, stating the case was fabricated to harass me and withholding mandatory certificates violated my rights. I have not received a response from the legal firm or company. Meanwhile, I received my Form 16 for 2013-14, but my dues, relieving letter, EPF withdrawal form, and gratuity remain pending. I sent a reminder email on August 30, 2014.
Soliciting your expert views on the way forward.
Currently, I am working as an independent consultant.
With regards,
Narayan
From India, Mumbai
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3I would like to present my case to all of you to give your valuable views/opinions on the way forward.
Background and Experience
I have approximately 25 years of industrial experience in the pharmaceutical field, having worked with MNCs and reputed Indian companies. My last position was with a well-known pharmaceutical company in Chennai from September 2007 to May 2014. Initially, I worked in the Product Development department under a senior person (DGM-PD) and was designated as AGM-PD. In April 2008, I was transferred to another plant working towards MHRA accreditation, designated as AGM-R&D. By July 2008, I was also tasked with developing high-value dermaceuticals, reporting to the Senior Vice-President (Operations).
Role and Responsibilities
In 2009, I was asked to focus solely on the development of high-value dermaceuticals, with a redesignation to DGM-R&D. We started with three people and expanded to thirty. During this time, the company filed numerous patents. These innovations were guided by an outside consultant, through whom I joined the company in 2007. The company notarized a document stating that all innovation concepts originated from this consultant, who was the key inventor of all derma innovations. One product received a patent grant from Europe and Japan. However, when filed with the USPTO (US Patent Office), the application was rejected in February 2014. The consultant eventually left the company, and I was briefed by the MD & SVP(O) about these developments.
Challenges and Resignation
The SVP(O) threatened me with serious consequences if I maintained any working relationship with the consultant and also threatened that I could not resign. Within three days, I resigned, citing personal reasons, and submitted my resignation to the MD, with copies to the SVP(O) and Head-HR on March 1, 2014, with a two-month notice period. By late April 2014, I was asked to extend my notice period to May 2014. During these three months, I trained the Sr. Manager (R&D) and submitted all documents to him. A joint monthly report was prepared and submitted to all stakeholders.
In mid-May 2014, I was asked to sign a declaration form as a joint inventor for a patent rejected in the US, which I refused due to legal implications. I explained my reasons to the Head-HR with supporting documents. Despite threats from management, I did not sign the form and requested immediate relief from duties. The Head-HR requested I stay until May 31, 2014, to participate in the KRA session for 2014-15, which I did.
Legal Issues and Current Situation
On May 31, 2014, I was presented with a charge letter accusing me of confidentiality violations and fictitious charges, stating my final settlement would be delayed. I returned company property to HR, but they did not acknowledge receipt. The charge letter was later sent by registered post on June 4, 2014. I replied, requesting settlement of my dues. In late June, I received another letter reiterating the charges and the possibility of civil/criminal action. In late July 2014, I received a legal notice demanding an apology and Rs 25 lakhs compensation within seven days.
I consulted a high court advocate and replied on August 1, 2014, stating the case was fabricated to harass me and withholding mandatory certificates violated my rights. I have not received a response from the legal firm or company. Meanwhile, I received my Form 16 for 2013-14, but my dues, relieving letter, EPF withdrawal form, and gratuity remain pending. I sent a reminder email on August 30, 2014.
Soliciting your expert views on the way forward.
Currently, I am working as an independent consultant.
With regards,
Narayan
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Senior HR community members,
From the above incident of mine, I would like to know from you if, even after one month of receiving my legal reply to the legal notice sent by the company, you think that the company would settle my F&F dues with a relieving certificate, experience certificate, and other items like gratuity, PF withdrawal, etc. If they do not respond, what should be my next step?
Regards,
Narayan
From India, Mumbai
Acknowledge(0)Amend(0)
From the above incident of mine, I would like to know from you if, even after one month of receiving my legal reply to the legal notice sent by the company, you think that the company would settle my F&F dues with a relieving certificate, experience certificate, and other items like gratuity, PF withdrawal, etc. If they do not respond, what should be my next step?
Regards,
Narayan
From India, Mumbai
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