I was terminated from my current employment due to an info security violation, which I was not voluntarily a part of during the COVID lockdown. My credentials were blocked, and my laptop was taken for a security check. I was asked to give a written explanation, which I did, and also shared my bank statements when asked to show I didn't receive any financial benefit. After 3 months, today I was issued a termination letter and was told they can't issue any relieving letter or experience letter due to company policy. I am afraid that with this, my future employment chances are in doubt.
Can I at least expect an experience letter?
Can I at least expect an experience letter stating my tenure with the company?
Can I divulge this information for future jobs?
Can I divulge this information and try for future jobs in India with a termination letter from a previous employer?
From India, Vijayawada
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Can I at least expect an experience letter?
Can I at least expect an experience letter stating my tenure with the company?
Can I divulge this information for future jobs?
Can I divulge this information and try for future jobs in India with a termination letter from a previous employer?
From India, Vijayawada
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Dear friend, you have violated the company's norms of data security. Considering this as misconduct, your company initiated disciplinary action against you, and the punishment awarded was termination. Therefore, this closes the matter.
Independent Issues: Misconduct and Employment Certificate
However, misconduct itself and the issue of an employment certificate on separation are independent. Therefore, I recommend you write a letter to the MD of the company stating that the termination from the services is the highest punishment and the issue of the service-cum-experience certificate with negative remarks will be over and above the first punishment. It will be an indirect but graver punishment than the original punishment itself as it will deny you future employment opportunities. Awarding a double punishment for the same misconduct is against the principles of natural justice. There can be only one punishment for one misconduct as per Indian jurisprudence.
Experience Letter and Moral Turpitude
An experience letter with negative remarks can be issued only if the employee is terminated on the grounds of moral turpitude. Your misconduct does not come under the category of "moral turpitude."
Next Steps: Filing a Complaint
If the company officials remain defiant, then I recommend you approach the labor office of your area and file a complaint for their failure to issue you the experience certificate. Please note that I am recommending filing a complaint in the labor office and not with the labor lawyer.
Thanks,
Dinesh Divekar
[Phone Number Removed For Privacy-Reasons]
From India, Bangalore
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8072Independent Issues: Misconduct and Employment Certificate
However, misconduct itself and the issue of an employment certificate on separation are independent. Therefore, I recommend you write a letter to the MD of the company stating that the termination from the services is the highest punishment and the issue of the service-cum-experience certificate with negative remarks will be over and above the first punishment. It will be an indirect but graver punishment than the original punishment itself as it will deny you future employment opportunities. Awarding a double punishment for the same misconduct is against the principles of natural justice. There can be only one punishment for one misconduct as per Indian jurisprudence.
Experience Letter and Moral Turpitude
An experience letter with negative remarks can be issued only if the employee is terminated on the grounds of moral turpitude. Your misconduct does not come under the category of "moral turpitude."
Next Steps: Filing a Complaint
If the company officials remain defiant, then I recommend you approach the labor office of your area and file a complaint for their failure to issue you the experience certificate. Please note that I am recommending filing a complaint in the labor office and not with the labor lawyer.
Thanks,
Dinesh Divekar
[Phone Number Removed For Privacy-Reasons]
From India, Bangalore
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Termination letter.doc