Hi All, I have recently lawfully resigned from my previous company after serving the notice period. However, the company has put my full and final settlement on hold. Recently, they contacted me and mentioned that they have reopened an old case (more than one year old) related to an onsite trip. They alleged that I submitted inflated bills (meaning I paid less and asked the service provider to issue an inflated bill). I have not done so; I have proper bills and paid the same to the vendor.
My Queries
1) Can they terminate me by putting some absurd blame?
2) Will I receive my relieving and experience letter along with the full and final settlement if they put some absurd blame?
3) Can the HR ombudsman involve the police to investigate? I am very afraid of this option as nobody wants to face the police unnecessarily. Can they track mobile calls and laptop data?
4) I asked the above point because, to make their case, they might show that you talked to this and that on that date...
Please respond.
From India, Bangalore
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My Queries
1) Can they terminate me by putting some absurd blame?
2) Will I receive my relieving and experience letter along with the full and final settlement if they put some absurd blame?
3) Can the HR ombudsman involve the police to investigate? I am very afraid of this option as nobody wants to face the police unnecessarily. Can they track mobile calls and laptop data?
4) I asked the above point because, to make their case, they might show that you talked to this and that on that date...
Please respond.
From India, Bangalore
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Dear Coolgemni20, There are various dimensions to your post. To bring clarity, we need to look at all the dimensions. Before submitting the claim, did you preserve the photocopies of all the bills? Did you preserve at least the soft copy?
If you are confident of coming clean, then you may write to your ex-company to conduct a domestic enquiry to prove your innocence.
Nevertheless, the basic problem is, is there someone who is nursing a grudge against you? Why has the company dug up a bill that is more than one year old? Being an ex-employee, are you someone's soft target?
Is some third-party audit of the company's accounts going on? Has the auditing agency raised this point in their audit report? Occasionally, auditors also show logical overreach. However, if a domestic enquiry is ordered, then you can prove your point.
Final Comments: Gentlemen/women, please show prudence while handling the matter. While dealing with them, do not use phrases like "absurd blame." This type of language could incense the authorities further, and the situation could take a different turn unnecessarily. Be calm, be composed. As such, you are "coolgemini"; therefore, do not lose your cool. If by chance the company implicates you falsely, find out for what amount they have an objection. If the amount is not that high, reimburse the amount and settle the matter. What you need is your proper relieving letter, and for the sake of this letter, you need to make a truce with a few unfavorable concessions. Prove your point steadfastly but be ready for an amicable outcome.
As far as approaching the police is concerned, it is a far-fetched reasoning. The company could approach the police provided they order the domestic enquiry and you refuse to depose before the enquiry.
The outcome of this issue depends on what mood or attitude your company officials have. Do they have any prejudice against you? The law says that nobody is guilty until it is proved. But what if your company officials presume that you are guilty, and the onus lies on you to prove your innocence? This would be the worst-case scenario. If the company authorities show unwarranted inexorableness, then you may have to take the route of litigation. Therefore, you might have to approach a lawyer. However, as of now, wait for comments from other senior members.
All the best!
Regards,
Dinesh Divekar
From India, Bangalore
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8072If you are confident of coming clean, then you may write to your ex-company to conduct a domestic enquiry to prove your innocence.
Nevertheless, the basic problem is, is there someone who is nursing a grudge against you? Why has the company dug up a bill that is more than one year old? Being an ex-employee, are you someone's soft target?
Is some third-party audit of the company's accounts going on? Has the auditing agency raised this point in their audit report? Occasionally, auditors also show logical overreach. However, if a domestic enquiry is ordered, then you can prove your point.
Final Comments: Gentlemen/women, please show prudence while handling the matter. While dealing with them, do not use phrases like "absurd blame." This type of language could incense the authorities further, and the situation could take a different turn unnecessarily. Be calm, be composed. As such, you are "coolgemini"; therefore, do not lose your cool. If by chance the company implicates you falsely, find out for what amount they have an objection. If the amount is not that high, reimburse the amount and settle the matter. What you need is your proper relieving letter, and for the sake of this letter, you need to make a truce with a few unfavorable concessions. Prove your point steadfastly but be ready for an amicable outcome.
As far as approaching the police is concerned, it is a far-fetched reasoning. The company could approach the police provided they order the domestic enquiry and you refuse to depose before the enquiry.
The outcome of this issue depends on what mood or attitude your company officials have. Do they have any prejudice against you? The law says that nobody is guilty until it is proved. But what if your company officials presume that you are guilty, and the onus lies on you to prove your innocence? This would be the worst-case scenario. If the company authorities show unwarranted inexorableness, then you may have to take the route of litigation. Therefore, you might have to approach a lawyer. However, as of now, wait for comments from other senior members.
All the best!
Regards,
Dinesh Divekar
From India, Bangalore
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Clarifying Your Position and Addressing Concerns
What position were you holding in the company? If you are sure that you have not submitted inflated bills, then you need not worry. If you are blamed, your relieving papers can carry a negative remark. In your place, I would have gone across to the company and frankly asked them what the problem is. It appears to be a case where someone is targeting you. (I presume that you are telling the truth when you say there was no fudging.) Calling the police and all is far-fetched. Why are you thinking in terms of the police being called by the company and tracking of laptops, calls, etc.? Please furnish full facts so that members can give ideas and help.
From India, Pune
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What position were you holding in the company? If you are sure that you have not submitted inflated bills, then you need not worry. If you are blamed, your relieving papers can carry a negative remark. In your place, I would have gone across to the company and frankly asked them what the problem is. It appears to be a case where someone is targeting you. (I presume that you are telling the truth when you say there was no fudging.) Calling the police and all is far-fetched. Why are you thinking in terms of the police being called by the company and tracking of laptops, calls, etc.? Please furnish full facts so that members can give ideas and help.
From India, Pune
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Thanks, Dinesh and Nathrao, for providing your valuable inputs.
Clarifications Provided
1) I had saved soft copies at the time of submission, but by now, I have deleted them as they are one year old.
2) Thanks for pointing out the language issue; I will keep my cool and behave professionally.
3) Reason for Inquiry
As per HR, some audits are going on, hence they have put my full and final on hold. After a few days, I got a call from the ombudsman of the company.
4) I am assuming a domestic inquiry is being conducted by the internal ombudsman.
5) Option to Settle
They gave me one option, "You accept the charges, and we will recover the cost and hand over your letters to you."
My Point: Why should I accept when I did not commit that? But right now, as per Dinesh's advice, I will consider settling by paying the difference but without accepting, just to get the letters.
6) I was in a lead position.
7) Considering Police Involvement
Why I thought of the police: Because they told me not to contact any vendor without informing them. As per my knowledge, no one can come to know whom I contacted unless the police get a court order. (Your ISP stores all data.) I just wanted to call one of the vendors and inquire if he ever gave any inflated bills to anybody? But now, I have dropped that idea as I don't want to make matters complicated. I leave this to the internal inquiry.
8) Final Comments
As nobody mentioned termination as they think it is irrelevant, and also, as per my knowledge, an employer cannot terminate if an employee has already resigned. How can I prove my innocence if asked to? I can only state what I already told them: that I paid for whatever I received bills for. If the company insists, what are ways to persuade them to settle by recovering the cost but without forcing me to accept and without making any negative impact on the relieving letter.
Regards,
From India, Bangalore
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Clarifications Provided
1) I had saved soft copies at the time of submission, but by now, I have deleted them as they are one year old.
2) Thanks for pointing out the language issue; I will keep my cool and behave professionally.
3) Reason for Inquiry
As per HR, some audits are going on, hence they have put my full and final on hold. After a few days, I got a call from the ombudsman of the company.
4) I am assuming a domestic inquiry is being conducted by the internal ombudsman.
5) Option to Settle
They gave me one option, "You accept the charges, and we will recover the cost and hand over your letters to you."
My Point: Why should I accept when I did not commit that? But right now, as per Dinesh's advice, I will consider settling by paying the difference but without accepting, just to get the letters.
6) I was in a lead position.
7) Considering Police Involvement
Why I thought of the police: Because they told me not to contact any vendor without informing them. As per my knowledge, no one can come to know whom I contacted unless the police get a court order. (Your ISP stores all data.) I just wanted to call one of the vendors and inquire if he ever gave any inflated bills to anybody? But now, I have dropped that idea as I don't want to make matters complicated. I leave this to the internal inquiry.
8) Final Comments
As nobody mentioned termination as they think it is irrelevant, and also, as per my knowledge, an employer cannot terminate if an employee has already resigned. How can I prove my innocence if asked to? I can only state what I already told them: that I paid for whatever I received bills for. If the company insists, what are ways to persuade them to settle by recovering the cost but without forcing me to accept and without making any negative impact on the relieving letter.
Regards,
From India, Bangalore
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Just one point , i guess as of now i just wait for internal inquiry to finish and then i may take decision of going to Lawer etc.. Suggestions are welcome anyway i will keep updating ..
From India, Bangalore
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From India, Bangalore
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Why the Inquiry Started
As per HR, some audits are going on, hence they have put my full and final on hold. After a few days, I got a call from the ombudsman of the company.
Opportunity to Present Your Side
If an inquiry has started, have they given you a chance to prove your side of the story?
"You accept charges and will recover the cost and hand over to you your letters."
One must be very careful in committing to any wrongdoing or overcharging, etc. What is the amount involved in the transaction? Actually, the fullest of facts need to be informed before one can really comment. Care and caution are needed in tackling the whole thing.
From India, Pune
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As per HR, some audits are going on, hence they have put my full and final on hold. After a few days, I got a call from the ombudsman of the company.
Opportunity to Present Your Side
If an inquiry has started, have they given you a chance to prove your side of the story?
"You accept charges and will recover the cost and hand over to you your letters."
One must be very careful in committing to any wrongdoing or overcharging, etc. What is the amount involved in the transaction? Actually, the fullest of facts need to be informed before one can really comment. Care and caution are needed in tackling the whole thing.
From India, Pune
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