I have been working for one company since May 2023. In between, one of my colleagues asked me for freelance work. I had a good network, so I helped him get the freelance work. However, he failed to deliver it completely, so the client did not pay. He left the organization. Soon after leaving the organization, he complained that I was doing parallel work (which is not true).
On 19th September 2023, HR and the Business Head harassed me significantly and forced me to resign. Now, they are not releasing my Full and Final Settlement (FNF). When I asked, they said they would take a decision on my misconduct. Please guide me on my rights. I was in a senior position.
From India, Delhi
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On 19th September 2023, HR and the Business Head harassed me significantly and forced me to resign. Now, they are not releasing my Full and Final Settlement (FNF). When I asked, they said they would take a decision on my misconduct. Please guide me on my rights. I was in a senior position.
From India, Delhi
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Dear Agni Shukla,
It is difficult to believe that you were asked to resign merely because of a colleague's accusation. Did the company conduct a domestic inquiry to investigate whether you were engaged in moonlighting?
In any case, now more than six months have passed since you resigned. Whether the resignation was voluntary or under duress, the company should have paid you your salary until the last working day. You are eligible to receive it.
Send a hard copy of a letter to the MD of the company by Speed Post with acknowledgment due, requesting the release of your salary. Do not send an email. While writing the letter, focus solely on the release of your salary and avoid discussing the injustice done to you by the Business Head.
How many subordinates reported to you in that company? If none, and if your application does not yield a favorable outcome, we will advise you on further steps.
Thanks,
Dinesh Divekar
From India, Bangalore
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8071It is difficult to believe that you were asked to resign merely because of a colleague's accusation. Did the company conduct a domestic inquiry to investigate whether you were engaged in moonlighting?
In any case, now more than six months have passed since you resigned. Whether the resignation was voluntary or under duress, the company should have paid you your salary until the last working day. You are eligible to receive it.
Send a hard copy of a letter to the MD of the company by Speed Post with acknowledgment due, requesting the release of your salary. Do not send an email. While writing the letter, focus solely on the release of your salary and avoid discussing the injustice done to you by the Business Head.
How many subordinates reported to you in that company? If none, and if your application does not yield a favorable outcome, we will advise you on further steps.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi , I sent the letter and asked the questions, also mentioned them to reply to my letter. But they havnt replied yet. Now what to do.
From India, Delhi
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From India, Delhi
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It should not be at the time of settling the dues of a resigned employee that HR initiates disciplinary action for doing business for profit while being employed in the company. They should have done it before you were relieved. Therefore, you should also include it in the letter to the MD as suggested by Dinesh Divekar.
From India, Kannur
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From India, Kannur
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Dear Agni Shukla,
I'm sorry to hear about the difficulties you're facing. It sounds like a challenging situation. First and foremost, it's important to know your rights and options.
Review your employment contract
Look through your employment contract to understand the terms of termination, any clauses related to misconduct, and your rights regarding final settlement.
Consult a lawyer
If you feel you've been unfairly treated or if there's any ambiguity in your rights, it's advisable to consult with a lawyer who specializes in employment law. They can provide you with specific legal advice tailored to your situation and jurisdiction.
Document everything
Keep records of any communication or incidents related to your employment, including emails, messages, and notes from meetings. This documentation can be crucial if you need to provide evidence to support your case.
Request clarification from HR
If they've accused you of misconduct, ask for specific details and evidence supporting their claim. It's important to understand the basis of their decision and to have an opportunity to respond.
Negotiate with your employer
Depending on the circumstances, you may be able to negotiate a resolution with your employer, such as receiving your final settlement without admission of wrongdoing or reaching a mutually agreeable solution.
Consider alternative dispute resolution
If negotiations with your employer are unsuccessful, you may explore alternative dispute resolution methods, such as mediation or arbitration, to resolve the issue outside of court.
File a complaint
If you believe you've been unfairly treated or discriminated against, you may have grounds to file a complaint with relevant authorities, such as a labor board or human rights commission, depending on the nature of the misconduct and your jurisdiction.
In order to prioritize your well-being throughout this process, seek support from friends, family, or professional counselors if needed. Dealing with employment disputes can be stressful, but with the right approach and support, you can navigate this challenging situation.
Thanks.
From India, Bangalore
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I'm sorry to hear about the difficulties you're facing. It sounds like a challenging situation. First and foremost, it's important to know your rights and options.
Review your employment contract
Look through your employment contract to understand the terms of termination, any clauses related to misconduct, and your rights regarding final settlement.
Consult a lawyer
If you feel you've been unfairly treated or if there's any ambiguity in your rights, it's advisable to consult with a lawyer who specializes in employment law. They can provide you with specific legal advice tailored to your situation and jurisdiction.
Document everything
Keep records of any communication or incidents related to your employment, including emails, messages, and notes from meetings. This documentation can be crucial if you need to provide evidence to support your case.
Request clarification from HR
If they've accused you of misconduct, ask for specific details and evidence supporting their claim. It's important to understand the basis of their decision and to have an opportunity to respond.
Negotiate with your employer
Depending on the circumstances, you may be able to negotiate a resolution with your employer, such as receiving your final settlement without admission of wrongdoing or reaching a mutually agreeable solution.
Consider alternative dispute resolution
If negotiations with your employer are unsuccessful, you may explore alternative dispute resolution methods, such as mediation or arbitration, to resolve the issue outside of court.
File a complaint
If you believe you've been unfairly treated or discriminated against, you may have grounds to file a complaint with relevant authorities, such as a labor board or human rights commission, depending on the nature of the misconduct and your jurisdiction.
In order to prioritize your well-being throughout this process, seek support from friends, family, or professional counselors if needed. Dealing with employment disputes can be stressful, but with the right approach and support, you can navigate this challenging situation.
Thanks.
From India, Bangalore
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If your question is directed towards me, then I would suggest that you write a letter to the HR Head requesting an explanation as to why legal action should not be pursued for harassing an employee who has already departed from the organization. In the letter, you should also mention:
"The issue of my freelancing activities was known to you, and it was due to that incident that I felt compelled to resign. Once I resigned, that matter was considered resolved. Therefore, as you are now responsible for providing the full and final settlement, bringing up this issue should not be escalated. Any attempt to do so could be seen as an attempt to withhold my rightful settlement, which cannot be tolerated under any circumstances. Allowing my settlement to be forfeited would send a negative message to all employees within your establishment, potentially leading to similar actions against them as well. Hence, if my settlement is not processed within the next 48 hours, I will have no choice but to escalate this matter to the Labor Law Enforcement authorities and the Chamber of Association/Employer's Association. Creating a truly HR-friendly environment within an organization may be challenging, but turning it into a hostile workplace is much easier."
If your inquiry was not intended for me, kindly await responses from others.
From India, Kannur
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"The issue of my freelancing activities was known to you, and it was due to that incident that I felt compelled to resign. Once I resigned, that matter was considered resolved. Therefore, as you are now responsible for providing the full and final settlement, bringing up this issue should not be escalated. Any attempt to do so could be seen as an attempt to withhold my rightful settlement, which cannot be tolerated under any circumstances. Allowing my settlement to be forfeited would send a negative message to all employees within your establishment, potentially leading to similar actions against them as well. Hence, if my settlement is not processed within the next 48 hours, I will have no choice but to escalate this matter to the Labor Law Enforcement authorities and the Chamber of Association/Employer's Association. Creating a truly HR-friendly environment within an organization may be challenging, but turning it into a hostile workplace is much easier."
If your inquiry was not intended for me, kindly await responses from others.
From India, Kannur
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Full n final settlement.doc