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 4 months ago in Labour from Hyderabad, Andhra Pradesh
Firstly, thanks a ton for replying on my post.
I like to add few more points regarding my termination letter they have provided me.
" Considering this fact of deliberate misconduct and as per the section 5 (i) 4 of the employment agreement that was signed by you on X date, and as per the clause 6.16 & 6.17 of the XYZ Employment Handbook".
Clause 5 says: 'Gross negligence or deliberate misconduct' and there is no 6.16 and 6.17 clause in my offer letter. Additionally, there is no mention of any signing of contract or bond paper written in my offer letter. They have asked sign the bond or contract paper on the basis of Training they have imparted me during the 8 months of my tenure.
I am not in a haste to sue or send a legal notice to XYZ, i need to check all my loop holes before that. Since its going to cost a huge chunk, correct me if i am wrong.
On the contrary, i like mention regarding my current employment in ABC, that they only suggested me to suppress the employment records of XYZ, since it is difficult to perform a background check without proper documents.
Below are my questions:
1. After reading the above, do you think is it fine to continue my employment with ABC, and forget about XYZ's Relieving and exp letter?
2. because suing XYZ would make the matters more worse and cost a huge fortune?
Asked 4 months ago