Employment History and Medical Challenges
I joined this employer after receiving an offer letter on December 1, 2018, as a Finance Manager and worked with them until August 24, 2019. Upon my father's sudden death due to cardiac arrest on August 25, I had to take a leave for one week. During that week, I was diagnosed with piles and asked my employer to allow me to work from home for a few more days. However, within the next two days, I had to be admitted to the hospital for surgery and was advised by my doctor to rest and avoid travel for another two to three weeks. During my hospital stay from September 5 to 11, I couldn't take calls from the office, but I informed my HR through WhatsApp messages whenever I could.
Mutual Agreement to Discontinue Employment
By September 18, after a discussion with a management representative (a partner of the firm), we mutually decided over the phone to discontinue my employment. I returned their laptop, ID card, and phone through one of their office staff who came to my home. Since I had to go for a review check-up at the hospital on that day, I didn't get a slip stating that I returned the office items, nor did I get it signed by them. On September 25, I was admitted to another hospital for pneumothorax (collapsed lungs) treatment, which required surgery and led to a 13-day bedridden admission at the hospital, followed by continued rest at home for about a month.
Request for Experience Certificate
Later, on November 30, I went to the office to request an experience certificate for the period I worked, as I needed to start searching for another job. They refused, stating that I didn't hand over accounts properly and didn't respond to their calls, so they couldn't provide an experience certificate. I argued with the management, explaining that I never intended to discontinue my employment, but my medical situation required it. I prioritized my health and returned calls, albeit not immediately, but later, and answered their queries. However, they were not receptive to my explanation, and I left soon after.
Impact on Future Employment
By the end of February 2020, I had another employment offer ready, but since I was not given a relieving letter and experience letter, I had to provide my previous employer's HR email address for reference. Unfortunately, my previous employer gave negative feedback, and I was denied the new job offer. Please advise me on what I can do legally to obtain the necessary documents.
From India, Chennai
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I joined this employer after receiving an offer letter on December 1, 2018, as a Finance Manager and worked with them until August 24, 2019. Upon my father's sudden death due to cardiac arrest on August 25, I had to take a leave for one week. During that week, I was diagnosed with piles and asked my employer to allow me to work from home for a few more days. However, within the next two days, I had to be admitted to the hospital for surgery and was advised by my doctor to rest and avoid travel for another two to three weeks. During my hospital stay from September 5 to 11, I couldn't take calls from the office, but I informed my HR through WhatsApp messages whenever I could.
Mutual Agreement to Discontinue Employment
By September 18, after a discussion with a management representative (a partner of the firm), we mutually decided over the phone to discontinue my employment. I returned their laptop, ID card, and phone through one of their office staff who came to my home. Since I had to go for a review check-up at the hospital on that day, I didn't get a slip stating that I returned the office items, nor did I get it signed by them. On September 25, I was admitted to another hospital for pneumothorax (collapsed lungs) treatment, which required surgery and led to a 13-day bedridden admission at the hospital, followed by continued rest at home for about a month.
Request for Experience Certificate
Later, on November 30, I went to the office to request an experience certificate for the period I worked, as I needed to start searching for another job. They refused, stating that I didn't hand over accounts properly and didn't respond to their calls, so they couldn't provide an experience certificate. I argued with the management, explaining that I never intended to discontinue my employment, but my medical situation required it. I prioritized my health and returned calls, albeit not immediately, but later, and answered their queries. However, they were not receptive to my explanation, and I left soon after.
Impact on Future Employment
By the end of February 2020, I had another employment offer ready, but since I was not given a relieving letter and experience letter, I had to provide my previous employer's HR email address for reference. Unfortunately, my previous employer gave negative feedback, and I was denied the new job offer. Please advise me on what I can do legally to obtain the necessary documents.
From India, Chennai
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Hi Ajith, more specifics would be required here, such as the exact reasons pertaining to what types of dues the company mentioned for not providing your relieving letter. Stating that you did not hand over the accounts properly does not explain much.
Regarding Absconding
If they consider this as absconding, they are supposed to send letters of concern to your residential address updated in their records, asking you to communicate with them.
Hospitalization and Employment Issues
Normally, when an employee provides a hospitalization certificate for a period, the company would be okay with it. Perhaps the fact that you had been discharged from the hospital and may have been looking out for another job, instead of joining back with them, might have irked them. The possibilities are many, but without specifics, there may not be much that could be explained.
From India, Bengaluru
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61Regarding Absconding
If they consider this as absconding, they are supposed to send letters of concern to your residential address updated in their records, asking you to communicate with them.
Hospitalization and Employment Issues
Normally, when an employee provides a hospitalization certificate for a period, the company would be okay with it. Perhaps the fact that you had been discharged from the hospital and may have been looking out for another job, instead of joining back with them, might have irked them. The possibilities are many, but without specifics, there may not be much that could be explained.
From India, Bengaluru
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Types of Dues from My Side
All those accounts-related matters like Tally, Excel files, etc., which I was handling, but all these have access to my assistants also.
Termination and Reference Email
By the time I went back to the office after the second surgery, they had appointed another person on my behalf. They told my interviewed employer in a reference email that I was not responding to them and I was terminated. However, I handed over the laptop, ID card, and phone after talking to one of their partners, and we mutually agreed to end my job. So why should they give a negative comment in the reference email?
Hospital Records and Salary
They are not even interested in looking at my hospital records because they know the fact that I was genuinely admitted to the hospital. They are taking revenge on me as I received all my salary while I was in the hospital because neither myself nor my employer ever thought all these would happen, and I would be unable to join back at the office in days.
What Shall I Do?
What shall I do?
From India, Chennai
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All those accounts-related matters like Tally, Excel files, etc., which I was handling, but all these have access to my assistants also.
Termination and Reference Email
By the time I went back to the office after the second surgery, they had appointed another person on my behalf. They told my interviewed employer in a reference email that I was not responding to them and I was terminated. However, I handed over the laptop, ID card, and phone after talking to one of their partners, and we mutually agreed to end my job. So why should they give a negative comment in the reference email?
Hospital Records and Salary
They are not even interested in looking at my hospital records because they know the fact that I was genuinely admitted to the hospital. They are taking revenge on me as I received all my salary while I was in the hospital because neither myself nor my employer ever thought all these would happen, and I would be unable to join back at the office in days.
What Shall I Do?
What shall I do?
From India, Chennai
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Hi Ajith, the termination on the grounds that you did not respond to their emails is totally illegal, and you have every right to raise a complaint against the company in the labor court.
Legal Process for Termination
The reason is that if an employee is not reachable or does not respond to the company's correspondence, the company can only issue a dismissal letter, which can be appealed against by the employee.
The process here should have been that the company should have sent letters of concern to your residence address via the India government post, stating that there is no correspondence from you to the company. Normally, companies send about three such letters of concern within a duration of 14 days and then send out a letter of inquiry fixing a date and time for the employee to meet the inquiry officer. If the employee does not appear for the inquiry meeting, then in the absence of the employee or ex-parte, a dismissal letter is issued.
The reason that a dismissal letter is issued and not a termination letter is that there is no record of why the employee did not respond to the company's letters, and so it is not legal to deem that the employee did not respond on purpose.
Issuing a Termination Letter
A termination letter can be issued only after an inquiry is conducted where both the employer and the employee are present.
Later, if the employee appeals against the dismissal letter, then the employer is legally obligated to reopen the inquiry, and if the employee is found innocent, then reinstate his services or provide him with a proper relieving letter after consulting with the employee.
Case Study: Employee Dismissal and Reinstatement
There had been a case in a company once where an employee, on his travel to Ladakh, had fainted and was in a coma for six months. By this time, as his company was not aware of his whereabouts, they had issued a dismissal. After he recovered from the hospital, he appealed against the dismissal, and he was taken back into service.
In your case, the same applies, where you had been hospitalized and hence not in a position to respond to the company's emails. So, they are bound to provide you a proper relieving letter or take you back into service.
If the company has provided a bad reference to your future employer, you can also sue them for defamation.
From India, Bengaluru
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Legal Process for Termination
The reason is that if an employee is not reachable or does not respond to the company's correspondence, the company can only issue a dismissal letter, which can be appealed against by the employee.
The process here should have been that the company should have sent letters of concern to your residence address via the India government post, stating that there is no correspondence from you to the company. Normally, companies send about three such letters of concern within a duration of 14 days and then send out a letter of inquiry fixing a date and time for the employee to meet the inquiry officer. If the employee does not appear for the inquiry meeting, then in the absence of the employee or ex-parte, a dismissal letter is issued.
The reason that a dismissal letter is issued and not a termination letter is that there is no record of why the employee did not respond to the company's letters, and so it is not legal to deem that the employee did not respond on purpose.
Issuing a Termination Letter
A termination letter can be issued only after an inquiry is conducted where both the employer and the employee are present.
Later, if the employee appeals against the dismissal letter, then the employer is legally obligated to reopen the inquiry, and if the employee is found innocent, then reinstate his services or provide him with a proper relieving letter after consulting with the employee.
Case Study: Employee Dismissal and Reinstatement
There had been a case in a company once where an employee, on his travel to Ladakh, had fainted and was in a coma for six months. By this time, as his company was not aware of his whereabouts, they had issued a dismissal. After he recovered from the hospital, he appealed against the dismissal, and he was taken back into service.
In your case, the same applies, where you had been hospitalized and hence not in a position to respond to the company's emails. So, they are bound to provide you a proper relieving letter or take you back into service.
If the company has provided a bad reference to your future employer, you can also sue them for defamation.
From India, Bengaluru
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Dear Colleague, I observe the following after reading your post:
1. There are no documents to support that your services have ended, either through your resignation or the employer terminating you. It is still open.
2. It was only a verbal discussion with the partner on the phone regarding mutually accepting your implied resignation and subsequently handing over company belongings. However, no documents support that you resigned, handed over proper charge, and your resignation was accepted, nor was a release letter issued.
3. It is difficult to understand, being in a responsible position as Finance Manager, how you failed to ensure your smooth exit in terms of your contract.
4. It is clear that you were forced to leave due to genuine prolonged health issues. Despite this, it is not understood why the company has taken a vindictive stand by not smoothly relieving you, refusing to give an experience letter, and providing negative feedback in a background check.
5. Being in a managerial position, I don't believe you have the protection of labor laws. You can only meet the top decision-maker in the company, persuade him by putting all the facts properly, and sort out the matter. From a plain reading of the post, there should not be any scope for ill feelings between both parties, as your separation was only due to health constraints.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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1. There are no documents to support that your services have ended, either through your resignation or the employer terminating you. It is still open.
2. It was only a verbal discussion with the partner on the phone regarding mutually accepting your implied resignation and subsequently handing over company belongings. However, no documents support that you resigned, handed over proper charge, and your resignation was accepted, nor was a release letter issued.
3. It is difficult to understand, being in a responsible position as Finance Manager, how you failed to ensure your smooth exit in terms of your contract.
4. It is clear that you were forced to leave due to genuine prolonged health issues. Despite this, it is not understood why the company has taken a vindictive stand by not smoothly relieving you, refusing to give an experience letter, and providing negative feedback in a background check.
5. Being in a managerial position, I don't believe you have the protection of labor laws. You can only meet the top decision-maker in the company, persuade him by putting all the facts properly, and sort out the matter. From a plain reading of the post, there should not be any scope for ill feelings between both parties, as your separation was only due to health constraints.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Experience certificate.doc
Termination from Employment.pdf