• Previous employer not clearing verification

Hello
I used to work in a small IT farm. I resigned and joined in new company. Recently my present HR called and told me that my previous HR said my employment is still active with them. When I called them they told me the client I used to work for is not releasing my payment so I have to go and talk to the client to release the payment then only they can clear my verification. I need legal help on urgent basis
Asked 4 years ago in Business Law

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12 Answers

Hello,

They gave you a release and experience letter, at the time when you left the company?

If they have given you the same then you are not liable to do the same.

Show your letter to the present employee and if there is such requirement then you may go on the humanitarian ground after taking permission from your present employer/

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

That is enough.

Show that e mail to present employer and ask the ex employer that you can only come if the present employer gives permission for the same.

Also, tell then that you are not legally liable to come to the office once you have moved out of the place legally.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your appointment letter has a clause that either parties can compensate for not serving the notice period and if you have given your consent to compensate the company for not serving the notice period then the company cannot stop you from getting relieved legally.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

If you had resigned you must ha e received resignation acceptance letter

2) you must have received email that x amount iis paid in full and final settlement

3) rely upon said correspondence to prove your resignation

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You should get experience letter and relieving letter from your ex employer

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

You can file a police complaint in this regard against the company for harassment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

send a legal notice to them through advocate. If they don't adhere to your request take proper remedy in civil/labour court for the same based on their reply if any.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Sir if there is intimation of your leaving job with the old employer then in that case they cannot keep your employment active. Serve the employer with the legal notice stating the date on which you have left the company and got confirmation for the same from the company

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The ground raised by the employer that payment with the client is not received is no ground to keep your employment active if it is not in terms of your contract.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If you have given proper resignation and they had accepted on time , so its their duty to take proper handover from you.

2) once the time is lapsed they have to release you a releasing letter. If you have got previous company offer letter and accepted resignation letter show into current company.

3) Ask previous company to follow offer letter terms and conditions.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Releasing the payment by a client to your previous employer is not your duty.

In the normal terms, he only has to initite steps to recover the dues from the client in the manner as provided in the law or the agreement between them.

You can explain your present HR about this ambiguous situation and inform them to ignore th issue since it is not your responsibility and the previous employer is trying to put pressure on you to recover his dues.

If there is no respite on this then you may contemplate legal action by first sending a legal notice to the previous employer with a copy endorsed to the current employer.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Thanks for replying. They gave me a mail. They told me they will give me release letter after 2/3 months

You can forward this mail to your current employer too for sailing safely.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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