Hi,
Recently, I was terminated by my employer. It happened while I was uploading my personal data to a third-party website but mistakenly selected another one. My company filed a complaint against me with the Cyber Crime police department. Ultimately, the matter escalated to the point where I had to pay a compensation amount of 1.5 lakh.
During the investigation, they thoroughly checked my systems and drives, but since the data was never downloaded onto any of my systems, it was not found. I ended up paying the 1.5 lakh compensation, and they also withheld two months' worth of my salary.
The data breach incident occurred while I was in my notice period, but the issue was not pursued until 18 days after I was terminated.
I am now wondering if it is possible to obtain my experience letter from my former employer at this juncture.
From India, Bengaluru
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Recently, I was terminated by my employer. It happened while I was uploading my personal data to a third-party website but mistakenly selected another one. My company filed a complaint against me with the Cyber Crime police department. Ultimately, the matter escalated to the point where I had to pay a compensation amount of 1.5 lakh.
During the investigation, they thoroughly checked my systems and drives, but since the data was never downloaded onto any of my systems, it was not found. I ended up paying the 1.5 lakh compensation, and they also withheld two months' worth of my salary.
The data breach incident occurred while I was in my notice period, but the issue was not pursued until 18 days after I was terminated.
I am now wondering if it is possible to obtain my experience letter from my former employer at this juncture.
From India, Bengaluru
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Hi, Do you think your Employer will provide you with experience certificate after this extreme step ?
From India, Madras
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1015From India, Madras
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But it was done by mistakenly they checked my systems, I paid the amount also. I apologise them when the incident happened.
From India, Bengaluru
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From India, Bengaluru
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Hi,
I can understand your pain. But you should have fought or defended your case with your employer while in service. Now that they have gone to the extreme measure of termination, the possibility of getting an experience certificate will be a remote chance. Anyway, you may make a request with your HR and see.
Having no fault on your end, how did you leave things just like that?
From India, Madras
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I can understand your pain. But you should have fought or defended your case with your employer while in service. Now that they have gone to the extreme measure of termination, the possibility of getting an experience certificate will be a remote chance. Anyway, you may make a request with your HR and see.
Having no fault on your end, how did you leave things just like that?
From India, Madras
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The legal team threatened me at the Cyber Crime police station to file an FIR against me. I thought it would impact my career later and also affect the verification process for my passport. So, I stayed silent, and my lawyer advised me to resolve this situation and seek assistance from your HR department.
From India, Bengaluru
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From India, Bengaluru
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Dear Ayush,
For the misconduct you committed, you have been given three punishments. The first one is to impose a penalty of ₹1.5 Lakh, the second is to deduct your two months' salary, and the third one is the termination of your services. At best, the former two may be clubbed into one, but still, you have been awarded with two punishments for the same offence.
May it be noted that Indian jurisprudence allows only one punishment for an offence. However, you have been awarded three punishments. Now if the experience letter is withheld, it will be a fourth punishment.
Coming to your query on the issue of the experience letter. Nothing wrong per se in approaching your employer for the experience certificate. While putting forth the demand for the experience certificate, write to them that it should be an unblemished certificate. Any certificate with negative comments is of no consequence as it would destroy your career for a long time.
In fact, HR professionals from your company were expected to show discretion and should have advised the top leadership accordingly while dealing with matters of discipline. Mistakes do happen, and people are awarded punishments. However, those who commit misconduct should not be treated like an enemy.
If the career of an erring employee is smashed by using power like a sledgehammer, it kills the spirit of natural justice. Unfortunately, very few HR professionals understand the rationality of administering justice.
Anyway, go ahead and approach your ex-employer for the experience letter. Possibly there could be a levelheaded person on the other side who may listen to your entreaty!
All the best!
Dinesh Divekar
From India, Bangalore
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For the misconduct you committed, you have been given three punishments. The first one is to impose a penalty of ₹1.5 Lakh, the second is to deduct your two months' salary, and the third one is the termination of your services. At best, the former two may be clubbed into one, but still, you have been awarded with two punishments for the same offence.
May it be noted that Indian jurisprudence allows only one punishment for an offence. However, you have been awarded three punishments. Now if the experience letter is withheld, it will be a fourth punishment.
Coming to your query on the issue of the experience letter. Nothing wrong per se in approaching your employer for the experience certificate. While putting forth the demand for the experience certificate, write to them that it should be an unblemished certificate. Any certificate with negative comments is of no consequence as it would destroy your career for a long time.
In fact, HR professionals from your company were expected to show discretion and should have advised the top leadership accordingly while dealing with matters of discipline. Mistakes do happen, and people are awarded punishments. However, those who commit misconduct should not be treated like an enemy.
If the career of an erring employee is smashed by using power like a sledgehammer, it kills the spirit of natural justice. Unfortunately, very few HR professionals understand the rationality of administering justice.
Anyway, go ahead and approach your ex-employer for the experience letter. Possibly there could be a levelheaded person on the other side who may listen to your entreaty!
All the best!
Dinesh Divekar
From India, Bangalore
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Hello,
In reference to the above, you can discuss with HRD and try to explain the situation to them. If they refuse to issue your service experience letter, you can take the matter to court or file an online complaint against them. If you encounter any difficulties, you can communicate with us. Remember, this is a tough situation, so you have to handle it carefully.
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In reference to the above, you can discuss with HRD and try to explain the situation to them. If they refuse to issue your service experience letter, you can take the matter to court or file an online complaint against them. If you encounter any difficulties, you can communicate with us. Remember, this is a tough situation, so you have to handle it carefully.
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Thank you, Dinesh, for helping me with this topic. I understand the issue of punishments better now, thanks to your comments. As you suggested, I have requested HR to engage with the management further and assist me with this matter. I really appreciate your support.
From India, Bengaluru
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From India, Bengaluru
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Hi,
Not sure how long you were associated with this company. If the period of employment is less than 6 months and no PF was deducted, it is better not to show this company experience. However, in the case of PF being deducted with UAN, then you have no option.
After making the payment of 1.5 Lakhs, you should have negotiated with your employer through your advocate for proper relieving - this is my personal opinion.
Anyway, as you hired the services of an advocate, it's better to make the request through the advocate. Generally, advocates know the tactics of how to trap the opponent. There are ways to get it. Please check with your advocate.
From India, Madras
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Not sure how long you were associated with this company. If the period of employment is less than 6 months and no PF was deducted, it is better not to show this company experience. However, in the case of PF being deducted with UAN, then you have no option.
After making the payment of 1.5 Lakhs, you should have negotiated with your employer through your advocate for proper relieving - this is my personal opinion.
Anyway, as you hired the services of an advocate, it's better to make the request through the advocate. Generally, advocates know the tactics of how to trap the opponent. There are ways to get it. Please check with your advocate.
From India, Madras
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Thank you Alok for giving me such advice. That’d be my last hope to save me from this disaster. I’ll look forward to you if the conversation doesn’t work out.
From India, Bengaluru
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From India, Bengaluru
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Sure Lakshmi sir I’m writing a apology mail to the board. If that doesn’t turn out right I’ll reach out to my advocate.
From India, Bengaluru
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From India, Bengaluru
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Dear Ayush,
It is an unfortunate affair as well as unfair to terminate you in haste, without instituting a domestic inquiry. You need to challenge your termination, which itself is illegal in court. I see there are sufficient grounds for you to go legal. You will get justice by doing so. You should consult a lawyer to remove this black spot from your career track record as well as to subsite the FIR in the police station if you consider yourself innocent.
I don't consider the affair as misconduct, nor do I consider your company's action appropriate. All these suggestions are as per your postings. Do you think your company is conducting business fairly by adhering to all the rules framed? You should explore ways to twist their wrist as they do against you. Everything is fair and beautiful for getting justice for yourself. Now, it is time for you to decide your action.
From India, Mumbai
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It is an unfortunate affair as well as unfair to terminate you in haste, without instituting a domestic inquiry. You need to challenge your termination, which itself is illegal in court. I see there are sufficient grounds for you to go legal. You will get justice by doing so. You should consult a lawyer to remove this black spot from your career track record as well as to subsite the FIR in the police station if you consider yourself innocent.
I don't consider the affair as misconduct, nor do I consider your company's action appropriate. All these suggestions are as per your postings. Do you think your company is conducting business fairly by adhering to all the rules framed? You should explore ways to twist their wrist as they do against you. Everything is fair and beautiful for getting justice for yourself. Now, it is time for you to decide your action.
From India, Mumbai
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Hi Ayush,
If I haven't misunderstood your question, you're asking whether it's possible to obtain your experience letter from your employer at this point in time.
If your question pertains specifically to receiving your experience letter from your former employer, the answer is undoubtedly "YES."
Even though there is no explicit mention of the issuance of a service certificate under law, it can be interpreted within the rights provided under the Indian Constitution.
Article 41 of the Indian Constitution directs the State to ensure the right to work and secure opportunities for employment. While this right primarily focuses on the provision of employment opportunities, the denial of an experience letter by an employer could be seen as an obstacle to an employee's ability to secure future employment or advance their career. By refusing to provide an experience letter, the employer may be limiting the employee's access to employment opportunities and potentially impeding their right to work.
Hence, no employer has the authority to deny an experience letter when you have worked for them. It is your inherent right. As this termination occurred during the notice period, you can build a stronger case. Please retain all relevant documents such as the appointment order, payslips, resignation letter, data breach incident details, and the fine paid receipt. If you choose to pursue legal action, you have a good chance of winning.
However, the issue is not merely the experience letter but the content mentioned therein.
The experience letter should include the reason for separation, which could possibly be stated as "TERMINATION." This could potentially affect your future employment prospects.
While you can ask your employer not to mention the termination, it is unlikely that they will agree, as it goes against the company's long-term perspective and policies.
If your employer does not agree to remove the mention of termination, there's no need to worry.
If you are genuinely able to establish the absence of mens rea (intent) and highlight the steps taken by the management during the notice period, you can convince future employers by presenting the facts to them when seeking employment.
When presenting your case to a potential future employer, focus on these key points:
1. Highlight your work experience
2. Showcase your performance during the notice period
3. Explain the circumstances of the termination
4. Emphasize personal and professional growth
5. Provide strong references
I believe that instead of relying on emotions or subjective judgments, it would be more advisable to make decisions based on factual information.
Good luck.
From India, Bangalore
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If I haven't misunderstood your question, you're asking whether it's possible to obtain your experience letter from your employer at this point in time.
If your question pertains specifically to receiving your experience letter from your former employer, the answer is undoubtedly "YES."
Even though there is no explicit mention of the issuance of a service certificate under law, it can be interpreted within the rights provided under the Indian Constitution.
Article 41 of the Indian Constitution directs the State to ensure the right to work and secure opportunities for employment. While this right primarily focuses on the provision of employment opportunities, the denial of an experience letter by an employer could be seen as an obstacle to an employee's ability to secure future employment or advance their career. By refusing to provide an experience letter, the employer may be limiting the employee's access to employment opportunities and potentially impeding their right to work.
Hence, no employer has the authority to deny an experience letter when you have worked for them. It is your inherent right. As this termination occurred during the notice period, you can build a stronger case. Please retain all relevant documents such as the appointment order, payslips, resignation letter, data breach incident details, and the fine paid receipt. If you choose to pursue legal action, you have a good chance of winning.
However, the issue is not merely the experience letter but the content mentioned therein.
The experience letter should include the reason for separation, which could possibly be stated as "TERMINATION." This could potentially affect your future employment prospects.
While you can ask your employer not to mention the termination, it is unlikely that they will agree, as it goes against the company's long-term perspective and policies.
If your employer does not agree to remove the mention of termination, there's no need to worry.
If you are genuinely able to establish the absence of mens rea (intent) and highlight the steps taken by the management during the notice period, you can convince future employers by presenting the facts to them when seeking employment.
When presenting your case to a potential future employer, focus on these key points:
1. Highlight your work experience
2. Showcase your performance during the notice period
3. Explain the circumstances of the termination
4. Emphasize personal and professional growth
5. Provide strong references
I believe that instead of relying on emotions or subjective judgments, it would be more advisable to make decisions based on factual information.
Good luck.
From India, Bangalore
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Dear friend, your exit from the job is not voluntary. Any organization that issues a service or experience certificate usually adds a line about the satisfactory performance of the job during your stay in that organization. Is it possible for you to get a certificate without that tagline? Sorry, it may not be possible to get it, so please do not try to obtain it.
If you are applying for a job and mentioning your past experience, remember to include the name of the company where you were employed. When explaining the reason for not producing an experience or service letter and for leaving the job, you can also mention the reason for your exit. This information may be helpful to you.
From India, Bangalore
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If you are applying for a job and mentioning your past experience, remember to include the name of the company where you were employed. When explaining the reason for not producing an experience or service letter and for leaving the job, you can also mention the reason for your exit. This information may be helpful to you.
From India, Bangalore
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Hi Ayush,
An HR view is mostly employee-oriented.
Irrespective of your exit, they can provide a relieving letter which is as good as an experience certificate.
Talk to the HR team and request an experience certificate without mentioning anything about termination. Hopefully, he/she will provide it.
If not, request a relieving letter that should mention your date of resignation and last date of working only.
Trying to resolve this matter legally or through authority will likely harm your future prospects.
From India, Chennai
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An HR view is mostly employee-oriented.
Irrespective of your exit, they can provide a relieving letter which is as good as an experience certificate.
Talk to the HR team and request an experience certificate without mentioning anything about termination. Hopefully, he/she will provide it.
If not, request a relieving letter that should mention your date of resignation and last date of working only.
Trying to resolve this matter legally or through authority will likely harm your future prospects.
From India, Chennai
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Uploading your resume to an alien website is not a cybercrime at all. There is no criminality involved in it, though it is an indiscretion on your part. Anyhow, the organization stood to benefit, and it is a big financial loss to you. I feel you were not correctly advised by your lawyer.
Now that you are looking for a fair experience letter, you may approach the HR and persuade them. Failing which, you may avail of the legal option.
From India, Mumbai
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Now that you are looking for a fair experience letter, you may approach the HR and persuade them. Failing which, you may avail of the legal option.
From India, Mumbai
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Hi Ayush,
In my opinion, the employer is taking this personally because you were on notice period, and they are scrutinizing any minor mistake from your end. You conducted major misconduct, which was proven by the employer, and they have taken criminal action against you.
You can discuss with your current employer based on these points:
1) You have already paid penalties of Rs. 1.5 Lakh and also apologized. This means that whatever incident occurred (whether a mistake or otherwise) in the company and the losses have already been recovered by the employer. Therefore, the misconduct and punishments have been completed.
2) They have withheld your salary for 2 months and possibly your full and final settlement as well. You can simply write an email or letter to the company to clear your pending dues and request to complete the no-dues formalities.
3) Kindly check the date of the employer's termination letter to confirm whether they terminated you based solely on allegations or after a proper evidence inquiry. If it was solely based on a complaint, you can request an experience certificate.
I believe you also have legal options to address this situation. However, considering your future career and job opportunities, it is essential to handle this matter with proper communication and resolve it amicably. While the legal route is an option, it can be time-consuming, and potential future employers may view it negatively. It's crucial to prioritize your career's future.
Additionally, you can try to understand the new organization's perspective on the experience certificate issue. They can easily verify your designation, department, salary from your existing letter, and length of service from PF/ITR records. Salary details can also be confirmed through your bank account.
Regards,
Sandeep Tomar
Manager - HR & Legal
GGN
From India, Delhi
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In my opinion, the employer is taking this personally because you were on notice period, and they are scrutinizing any minor mistake from your end. You conducted major misconduct, which was proven by the employer, and they have taken criminal action against you.
You can discuss with your current employer based on these points:
1) You have already paid penalties of Rs. 1.5 Lakh and also apologized. This means that whatever incident occurred (whether a mistake or otherwise) in the company and the losses have already been recovered by the employer. Therefore, the misconduct and punishments have been completed.
2) They have withheld your salary for 2 months and possibly your full and final settlement as well. You can simply write an email or letter to the company to clear your pending dues and request to complete the no-dues formalities.
3) Kindly check the date of the employer's termination letter to confirm whether they terminated you based solely on allegations or after a proper evidence inquiry. If it was solely based on a complaint, you can request an experience certificate.
I believe you also have legal options to address this situation. However, considering your future career and job opportunities, it is essential to handle this matter with proper communication and resolve it amicably. While the legal route is an option, it can be time-consuming, and potential future employers may view it negatively. It's crucial to prioritize your career's future.
Additionally, you can try to understand the new organization's perspective on the experience certificate issue. They can easily verify your designation, department, salary from your existing letter, and length of service from PF/ITR records. Salary details can also be confirmed through your bank account.
Regards,
Sandeep Tomar
Manager - HR & Legal
GGN
From India, Delhi
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Going through the comments of learned professionals, we should understand both the party - what if the employer has been charged a heavy penalty from their clients for data mismanagement by their employees. Employees should also work with equal trust.
From India, Pune
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From India, Pune
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Whether or not you can obtain an experience letter from your employer after termination due to a data security violation depends on various factors, including the company's policies, the circumstances of your termination, and your relationship with your employer.
In general, if you were terminated due to a data security violation, it is possible that your employer may be reluctant to provide you with an experience letter. This is because such a violation is a serious breach of trust and may negatively impact your professional reputation. Employers are typically cautious about providing positive references or experience letters for individuals who have been terminated for misconduct.
However, there are some situations where you may still be able to obtain an experience letter:
Agreement or Negotiation: If you have an agreement or negotiate with your employer, you may be able to discuss the possibility of obtaining an experience letter as part of the terms of your departure. It's important to have open and honest communication with your employer to understand their perspective and explore potential options.
Performance and Conduct History: If you have a generally positive performance and conduct history prior to the data security violation, your employer may consider providing you with an experience letter that focuses on your previous contributions and accomplishments.
Legal Obligations: In some jurisdictions, employers may have legal obligations to provide an experience letter or reference upon request, regardless of the circumstances of termination. You can consult local labor laws or seek legal advice to understand your rights in this regard.
It's important to remember that each situation is unique, and the decision to provide an experience letter ultimately lies with your employer. It is advisable to approach the situation professionally, take responsibility for any mistakes made, and demonstrate your willingness to learn and grow from the experience.
From India, Noida
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In general, if you were terminated due to a data security violation, it is possible that your employer may be reluctant to provide you with an experience letter. This is because such a violation is a serious breach of trust and may negatively impact your professional reputation. Employers are typically cautious about providing positive references or experience letters for individuals who have been terminated for misconduct.
However, there are some situations where you may still be able to obtain an experience letter:
Agreement or Negotiation: If you have an agreement or negotiate with your employer, you may be able to discuss the possibility of obtaining an experience letter as part of the terms of your departure. It's important to have open and honest communication with your employer to understand their perspective and explore potential options.
Performance and Conduct History: If you have a generally positive performance and conduct history prior to the data security violation, your employer may consider providing you with an experience letter that focuses on your previous contributions and accomplishments.
Legal Obligations: In some jurisdictions, employers may have legal obligations to provide an experience letter or reference upon request, regardless of the circumstances of termination. You can consult local labor laws or seek legal advice to understand your rights in this regard.
It's important to remember that each situation is unique, and the decision to provide an experience letter ultimately lies with your employer. It is advisable to approach the situation professionally, take responsibility for any mistakes made, and demonstrate your willingness to learn and grow from the experience.
From India, Noida
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Dear Ayush,
After going through your email, you have indicated that there were some wrong things that had happened, and your services have been terminated. The story of the past, what was to happen has happened. What was the necessity to show that bitter experience in your resume? You could have better avoided it. Since you have shown it in the resume, it will be difficult to prove your integrity in the previous job. Now, coming to the point of Mr. Dinesh Divekar, there are every chance that your previous employer may not give you a good reference. The best you can do is to provide a reference of someone who knows you well in the previous organization and can vouch for you.
All the best, may God bless you.
Regards
From India, Bangalore
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After going through your email, you have indicated that there were some wrong things that had happened, and your services have been terminated. The story of the past, what was to happen has happened. What was the necessity to show that bitter experience in your resume? You could have better avoided it. Since you have shown it in the resume, it will be difficult to prove your integrity in the previous job. Now, coming to the point of Mr. Dinesh Divekar, there are every chance that your previous employer may not give you a good reference. The best you can do is to provide a reference of someone who knows you well in the previous organization and can vouch for you.
All the best, may God bless you.
Regards
From India, Bangalore
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