Hi all, I would like to share my painful story and seek legal advice from experts. I was working with software company for more than 9 years, last year on 12th of December 2016 my company fired me without giving valid reason, they forced me to resign otherwise they will terminate and will not get relieving letter. I was one of the best employee in the organization. I got "Employee of Year award" in 2013 5 on spot awards and 2 best performance awards 2 on spot awards in 2016 and the last one was on 21st of October only after one and half month they fired me. I registered the case in labour commissioner office, Officer heard the case and finally moved the case to karnataka government and karnataka government has moved case to Labour court, on 11th DEC 2017 there was first hearing court asked me do you want to appoint advocate, i said yes and they have given me 19th of Dec 2017 as new date. during all this period i was searching job, i cleared 4 rounds of interview and finally one company asked me to submit the documents and i submitted the documents now before they release offer they are doing pre offer verification and they sent employment verification to my old company and my old company HR is not replying to employment verification email and holding it for more than 10 days now, usually employment verification would complete in max 2 days of time. if i do not get new job because of wrong information from my previous employees, what should i do? i am really frustrated now since one year i do not have job and running behind labour commissioner, government and now to court. My questions are: 1: for the illegal termination i asked 50 lack compensation which is pending in court should i continue to fight the case? 2. for holding the employment verification if i lose the new job should i seek legal advice?. Please help me tomorrow i am going to my previous company to ask why they are holding it.
1.Yes,there is no need to leave the battle without a fight. The case has advanced a lot and you must fight it out to its logical end.
2.For losing the job due to no verification from your previous employee there is no remedy except to seek damages in civil suit which though is very hard to fight.
3. Howeevr you may inform on your own about the pendency of the case agaisnt your previous employer.
Hi, you should not withdraw the case .. However if they are ready to compensate you outside the court and gives you the relieving letter , then you can withdraw the complaint as litigation will provide harrrasment to you, to an extent
1) ifvyou can afford litigation expenses and afford to wait for 10 years then continue with the case
2) if you have filed case against company they would not help you in verification process
Hi,
First of all you need to tell us whether your termination by the company was as per the clause mentioned in the appointment letter or not. If it was not, then only you can challenge it in the court.
The company can not withhold your "Employment Verification" for any reason whatsoever. You can issue a legal notice through a lawyer immediately. Any communication with the company, in this regard, should be in writing and if possible through lawyer only. That way you're creating effective documentary evidence which can be used against the company at a later stage in the court, if it reaches that stage.
1. Having contested this case till this stage, it is not advisable you withdraw it now. Just wait, probably this co. will reach out to you for a settlement.
2. You may send your co. a legal notice to do the needful.
Considering your excellent technical performance with your previous company,
1. I suggest you to continue your case. Not to compromise with your previous employer even if they promise you that they would release your employment verification.
2. If you loose your job offer due to holding of employment verification by your previous employer then file criminal case against them and also file recovery suit to claim the damages.
3. You also warn them that you would go to media and reveal the wrong doing of the company.
You can get back to me, if you need further consultation.
Dear Client,
Requested prayer will be adjudicate with time, for interim measure file an application to labor commissioner to pass interim order to respondents to reply verification mail. rest will be decide on merit of case.
And in case due to their failure, new appointment do not proceed, than add another relief for further compensation.
1: for the illegal termination i asked 50 lack compensation which is pending in court should i continue to fight the case?
2. for holding the employment verification if i lose the new job should i seek legal advice?.
1 can continue
2definetly
1. At this stage you cannot withdraw the case for the danger that the company will turn against you for filing fake cases and may seek compensation from you.
2. You can inform the new employer the reason for holding your report by the previous employer and you can also explain your plight suffered in the hands of the previous employer, this may make your new employer to wait for the reply or report from previous employer.
1. Yes you should continue to fight the case, you have a good cause of action.
2. Yes you should then seek legal advise
Regards
