• Experience letter and relieving letter from ex-employer

I have been working for a XYZ company for 8 months approx. I got a good offer from ABC, for which i put down my papers, stating XYZ that i want to settle in my hometown due to my family health breakdown(since i didn't want to disclose the real reason)

But XYZ didn't accept my resignation instead it terminated me for below reasons.
XYZ provided a training at the 6th month of my tenure for which they demanded a 2 year bond with 2 lac security. I somehow tried to delay the Signing of the bond papers, since the release of the offer letter from ABC. 
Since didn't sign the Bond paper they terminated me without any proper reason, on the basis of clause in the joining letter : "due to misbehaviour or misconduct.".
PS: i got the job in ABC, removing my 8 months of experience in XYZ.
My questions are as follows:
1. Is worth to sue XYZ, on the basis that i didn't sign the Bond paper, since it illegal in india, for which they didn't provide me the Exp and relieving letter?
2. Is 'misbehaviour' a clause, on the basis of which they terminated me?
3. There was no mention of any bond paper signing at the joining day, or in the joining letter.
4. I know its waste of time to sue XYZ, but i want to teach them a lesson for harassing an employee for no reason what so ever. Will it affect my current employment, if any case goes on in the labour court?

Thanks in advance for any replies. Apologies for being too descriptive.
Asked 1 month ago in Labour from Hyderabad, Andhra Pradesh

1. See if you are getting good job without same it is not worth contesting in court you can send a legal notice.

2.See in case misbehavior is alleged same should be proved before the court.

3. See even you sue it won't effect current employment and you can contest and can claim compensation. 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1.  If you did not sign the bond which was essential for the employment and showed reluctance towards this bond, then the company can dismiss or terminate your services.  Therefore any case against the company on this issue may not be maintainable.

2. You have the termination letter, see what all reasons they have mentioned in it.

3. What about the employment offer letter, was there any mention about it in it?

4. If you concentrate in avenging your previous employer you may get deviated in the present employment which may prove costly to you or it may even adversely impact you hence better be cautious about it.

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

You can sue him. You can  challenge the illegal termination

 

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

You have suppressed material facts about your earlier employment 

 

if your case goes to labour court and you sue your  earlier employer your current employer may come  to know of suppression of suppression of earlier employment 

 

it would affect your current employment 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

1.  You have been dismissed, so if you wish to get the relieving and experience letter you have to challenge the dismissal in the court.

2. What you call a bond paper is a contract, it is not at all illegal in India.

3. It will be very difficult for you to impeach the dismissal which has been made on the ground of misbehaviour.

4. Your current job may be in jeopardy if you are engaged in a losing battle with your ex-employer. 

Ashish Davessar
Advocate, Jaipur
25875 Answers
742 Consultations

5.0 on 5.0

Approach Labour commissioner, less cost and effective relief , first send legal notice .

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

When you have no relation now with them and they have terminated you from the service then you have only one option that to challenge your termination before the Labour Court, but in my opinion for what just for satisfaction of ego otherwise no need now, concentrate on your future because going to the court is just to buy headache for some years.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

  1. When there was no mention about the bond to be signed then their demand for such is completely not acceptable and you did the right thing by not signing the bond.
  2. In fact even if they want to get any bond to be signed subsequently then also they should have given you something in writing and waited for your reply.
  3. You should file a suit before the court of law for your due of any and for the experience letter or relieving letter from them.
  4. In fact, you should ask for the compensation for harassing you mentally and professionally as they did not even give any reasonable ground for your termination on the basis of clause mentioned in the joining letter.

Sanjay Baniwal
Advocate, South Delhi
3999 Answers
7 Consultations

5.0 on 5.0

Litigation is long drawn and expensive proposition 

 

dont take legal proceedings against your ex employer 

 

forget about  your experience and  relieving   letter  since your current  employer  is not insisting on the same 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

If you think that your termination is illegal then go to the court with out any hesitation otherwise as I suggested that to forget about them and concentrate on your future.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

1. The said decision is your personal choice as you need to finalse the same. 

2. You need to bear the litigation charges but you can claim compensation for the same

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

1. Yes I would suggest you to leave that and continue your employment.

2. Won't cost huge fortune but there is no use prsuing it.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1. If you feel that the ABC company is not interested in your previous employment particulars and they may not go for a background verification, then you can proceed in the same status.

2. You are the better judge of your situation, you can analyse the pros and cons and decide what action would be wise and which one will drag your feet, and decide accordingly

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

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