Hi, This is regarding a company which is not giving me a experience letter and reliving letter, had worked with the company for 6 year's and 6 month, I had served 2 month notice period also after that worked for 6 month extra with the company. Due to health Issues then after 6 month i did not continue. I have mailed my company with all proof, of joining appraisal and also my last resignation letter including with the mails screenshot of then while working with company how client have appreciated me. Now she is stating that reason, how could you take screen shot of company email. If i get appreciation and i save them, does that include in breach of company's security ? does that stand for legal ground ? or did i do crime ?
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You can send them a legal notice asking for your experience letter and full & final settlement if any. In case there is not reply from their side you can file a case in civil court.
There's nothing illegal, taking screenshot of company email is not crime.
If the company decides to find fault they may find faults on silly and petty issues too.
The problem with you is that you had been corresponding with the company through emails only.
You send a legal notice demanding your experience letter and relieving letter through your advocate, let them give a reply denying the same by citing the reasons thereon.
You can initiate legal steps to procure them after that.
As such it doesn't constitute to crime though if screenshot of email as it is confededial is banned in company it amount to breach of policy though for reliving letter and full and final payment if any remaining you can give legal notice and file suit If they fail on notice for recovery of amount And reliving letter.
It may be breach if the same is against company policies. But it's difficult to prove before court
You ha e not done any offence if you saved appreciation letters from clients of company
2) issue legal notice to company to provide experience letter and relieving letter
1. If you have resigned in accordance with your contractual obligations then employer is bound to make full and final settlement and issue the relieving letter.
2. A suit for mandatory injunction can be filed by you against the company to compel it to issue the relieving letter.
1. Screen Shots received "personally" by you (even on co. email) is not ANY type of offence or violation of service rules, under any circumstances. This is probably a ploy to harass you into submission.
2. Since you have given them two months notice, you are entitled to the Experience Certificate. IF the co. refuses, THEN you have no option but to serve them a legal notice for non-compliance and file grievance petition before the local labor commissioner office, for harassment & intimidation.
No that is not breach of any police, if the documents pertains to you.
You may send a legal notice to them and if they thereafter also do not issue experience certificate then file a case against them.
Regards
You are also entitle to gratuity, approach labor court.
- As per law, no company can refuse to give the experience certificate to his employees unless he has cheated theh company , or left the job forever.
- Even , for getting the experience certificate, it is not mandatory to serve on notice period.
- Your company is trying to harass you on the false ground of screehshot etc. If they are doing so, their act is illegal, unjustified and against the fundamental rights of an employee.
- You should send him a notice for issuing the Experience certificate , and to refund the entire amount of salary with the notice period .
- If , no response within the period of 7 days , then you should file a complaint before the Labour Commissioner , for the same.
- Further, you can also file a civil suit before the court as well .
Hi,
What you did is not the crime and the company is at fault by not issuing you the relieving letter and experience certificate. You may serve a legal notice to the company for the same.
No this is not breach of company security.
It can be legal ground for taking email IDs of client screen shot
You should not have disclosed about screen shots to HR of company.
This is my response to you:
1. You can firstly issue a legal notice;
2. You can seek claims including salary, FnF, relieving letter etc.;
3. You must discuss your case in more detail;
4. Consult a local lawyer and take steps.
