Anonymous
I was working with some educational institute, and my offer letter says my designation to be “Manager – Operations“. However verbally I was also taking care of the purchase of my department. Even after asking number of times, I was never given this in writing.

Now I recently changed my job, and after I left, my previous employer started finding faults in my responsibility. They have filed a police complaint (not a FIR), with the local police station stating some 8 problems where I could have done a fraud, and have marked me as absconding. Defending the case is not a problem. I have most of the documentary proofs for it. Though I have following all the procedures for my exit, they have withheld my Relieving letter & the experience certificate, for which my new employer is pushing daily. And my previous employer is not ready to settle it amicably (I have tried speaking to them).

Now my questions are:

1. What liability do I hold to answer the previous employer on his doubts, after getting no dues done.

2. In this case, where employer has some doubts, can they hold employees Relieving & Experience letter.

3. My official ID has been blocked as a procedure of No Dues. To defend 2 of my cases, I need access to it. What can be a way out for this.

4. If I lose my Job, because of non-availability of Relieving letter, can I reclaim it after the closure of case.

5. Shall I loop my current employer in the matter. Because just hearing about the word “Police”, I’ll have to lose my job. My current plan is to appear for the meeting, and see if it gets closed. If it seems to get bigger I’ll involve my current employer. What’s your take on this.

6. The previous employer did not deduct our PF, nor had a ESI policy for us. Can I use this fact against them.

From India, Mumbai
gopinath varahamurthi
175

Dear Anonymous,
Since, working in a service industry there is no post that you have mentioned as Manager-Operatioons exist, however, this may tend to say or created for other purposes. From your words it seems you have not been entrusted with specific job with defined description. Better, settle with the old organisation, be positive in the future, and did not take any work that make you responsible without holding responsible post. Also, never join an organization which put you and exploit you and later claim they are so straight adhered to the rules and regulations.

From India, Arcot
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