You need to raise this issue with them legally.
Send them a strong legal notice.
If they do not respond, or contest the legal notice, file a case against them in the labor/civil court.
Not providing relieving and experience letter based on false allegations
Hello All, I have worked in a private firm for 6 years and in the month February I have resigned and served 3 months notice( where I was relieved 5 days before when I submitted a request for early relieving). In the month of May, I have joined new organization and the employer has sent background verification email to previous employer. Previous employer responded by stating I was a suspect in a IP theft case. When enquired and questioned previous employer, they threatened me and said there was a case against me in a PS. Next day they have sent me termination letter based on false information and by making false allegations. When enquired about that case in PS, it was against on of the manager of that firm and also after few days they added my name in the statement by false allegations. When I'm requesting for Relieving and Experience Letter, they are simply ignoring and stating that once investigation completes and polices closes the case. Then only they will provide the request documents. Can someone advice how to proceed with this, Even though I haven't done anything wrong, they are intentionally trying to ruin my career with this case by delaying relieving and experience letter.
Asked 2 years ago in Labour
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6 Answers
Issue legal notice to company to provide you experience and relieving letter
2) if company refuses sue the company to provide you experience and relieving letter
The employer is right in his action to terminate your services. However if the employer had already relieved you on the basis of the resignation letter, he cannot change it to termination at this stage.
Whether there was any case pending against you when you were relieved from the employment?
If not then the employer cannot terminate your services subsequent to relieving you from the employment based on your resignation letter.
You can issue a legal notice instructing your previous employer to revert his decision to terminate your employment and to remain with the reliving order issued by him earlier.
After that if there is no response then you can either approach the labor forum or high court with a writ petition agaisnt the employer seeking relief and remedy.
Approach Labour court.
Dear Client,
Gather Evidence:
Collect any evidence you have that supports your innocence. This could include emails, messages, records of conversations, or any other documentation that shows you weren't involved in any wrongdoing. This evidence might be useful if you need to challenge the false allegations.
Contact the Police:
If the allegations are false and you have proof to support your claim, you might want to consider filing a complaint with the police about the false statements made against you. This could help establish a record of your innocence.
Engage in Communication:
Maintain a record of all your communication with your previous employer. Politely request your relieving and experience letter in writing, emphasizing the importance of these documents for your career. Keep all responses and communication in writing as well.
Employment Laws and Regulations:
The labour laws in India emphasizes the employers to provide experience letters and other relevant documentation to employees upon request.
You need to send them legal notice and contest the false allegations against you. You can also complain to labour commissioner office against them
