• Will this cause case of cheating against me

I joined X organisation in 21 Nov 15 after waiting for 2 months there was no work and I was on bench in between I got other offer from Y company they asked me to abscond from X comapny and join immediately.As per communication with Y company joined Y company in month of Feb(8 feb 16) and I stropped going X company.15 days later
after joining Y company there was no communication from X company , no one asked me where are u why u r not coming to office so I resigned on same day from X company.After 7 days HR from X company asked me the reason why r u leaving and HR ready to relieve me in 7 days.I got the relieving letter from X company having end date (28 Mar 16).

But HR from Y company knows that I already absconded from X company and joined.
When I dropped mail to HR from Y company stating that
As I do not have any document from Xa(Though I came from X company I mentioned in a mail Xa company as I do not want to disclose the company where I came from) company from where I came, I will not submit any document from same organisation and this will not create any issue with me in future with career with Y company please confirm.
After reading mail HR told me that this will not create any problem with u.you can carry on , but at same time denied to give written confirmation.
After that hr told me that u can again reply back to same mail as please ignore as we do not want mail like this officially.
I have questions as per below,

1.I have specified wrong company name in mail because in such cases no one discloses where u came from.anyhow i got job offer based on my experiences with past companies in resume also I have not specified the company name where i was for 2 months.

But stating wrong company name will really makes issue.Anyhow HR will not give answer to such kind of mail.Or i simply respond to that email as please ignore the mail as per Hr's suggetion.

2.There was dual employment for 15 days as got relieving letter from X company dated 28 feb 16.

Now my concern is will this really makes an issue with my career with Y company.(Because this is also MNC).

Will Y company make case of cheating on me in future

Will this cause legal action against me , what would be the punishments
Asked 7 months ago in Labour from Pune, Maharashtra
1)you have to set the record straight

2) mention that you have worked for X company for 2 months . that you resigned and your resignation has been duly accepted and relieving letter issued 

3) never suppress material facts from your employer . if it is found on verification that you misled the employer your services would be terminated forthwith 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. Since you have now got the Relieving letter submit the same in Y company.
2. It can be ignored by Y company.
 So if you soon submit the Reliever Letter the Y comp nay should not make much fuss on this. However it is their discretion and you can not force on this.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1) it is better you place true facts on record

2) mere audio recording is not sufficient . send email as advised earlier 

3) no need to resign from current company 

4) if you disclose true facts no case of cheating s made out 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Prima facie, you are liable to be prosecuted for cheating for obtaining employment through concealment of information.  The punishment is imprisonment of 2 years on conviction. Keep your HR and other higher echelons happy.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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1) don't rely on oral assurances given by your employer 

2) I have already informed you to send email that you have worked in X company for 2 months that you resigned and your resignation has been accepted 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
But stating wrong company name will really makes issue.Anyhow HR will not give answer to such kind of mail.Or i simply respond to that email as please ignore the mail as per Hr's suggetion.

The HR has tactfully made you to give a reply to your own question 'please ignore' otherwise at a later stage this mail will cause flutter for having not given a reply or confirmation to the employee which means the company agreed to his conditions. 







Now my concern is will this really makes an issue with my career with Y company.(Because this is also MNC).

You should of thought about this grave situation before venturing into such acts. Well dont disclose about this anywhere in future to avoid being penalized for it.





Will this cause legal action against me , what would be the punishments

No punishment or legal action provided you remain silent about it. 
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
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Should i reply back the mail whatever i have mailed HR in current company as please ignore the mail.

You should also tactfully act by not replying or corresponding anymore on the subject including 'please ignore'. 







Any how I have recorded the mobile communication with mgr  in current company previously.
and I have chat communication with my current mgr as well in that he asked me to abscond and join

This will not help you to save yourself when it is required to be produced to defend yourself.  So, better keep silent about the issue i the future too. 






Or shall i go with new job by absconding current company.

Dont do the same mistake again. 






My other concern is will this cause case of cheating on me and what would be punishment for that,

Until you open your mouth on the subject it will not cause any problem to you
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
5.0 on 5.0
Can you please suggest what should i do 
to make this more clear legally.
Still i am phasing issue as 2 yrs imprisonment.

You have done the mistake of committing i writing about please ignore. 
Instead of worrying anymore on this, wait and watch the developments which may or may not be in your favor.
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
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You can issue a legal notice to the company to demand the relieving letter. If the notice does not produce the desired result then appropriate relief may be sought from the court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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You have told lie after lie to you new company and now you seem to be worried about all the lies that ave been told.
Well there wont be imprisonment for such things, first of all they have to initiate a criminal complaint, but for this there can be no criminal complaint  made.
Leaving the company without any reason cannot be called as criminal offence, at the maximum they can terminate your services branding you as an absconder, this may hamper your next employment.  There is no question of convicting you, so let you not be worried on that count.
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
5.0 on 5.0
1) at time of selection in Y company you continued to be in employment with X company but did not disclose said facts to your prospective employer Y

2) hence you were hesitant in forwarding  to Y company your relieving letter . 

3)you are not liable for 2 years imprisonment as by email to Y company you have informed them about your previous employment with X 

4)the correct name of the company infocepts technologies should be disclosed .

5) you wont lose your job by disclosing the truth 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) in case Y asks you to furnish relieving letter then do so 

2) you have already clarified that you were employed for period of 2 months with X company 

3) correct the name of company mentioned in your email 

4) send the email to HR . no need to send email to manager 

5) if company wants to terminate your services they will do so now only 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Should i submit relieving letter from x company as well to Y company or it would be better to wait if they need would
submit to them.

Since your new company has not insisted on submitting relieving letter from new company, you may wait until they demand it. 













What will happen if HR make an issue after 1 year and if they terminated me due to same reason in future.It will affect my future employment too.How should i avoid this.

If you are worried of a situation, you may tender the relieving letter in your possession, but this is  not required in the given situation.







3.There are many Hr's in organisation then sending above email to one specific HR who interacted with me would be enough.

HRs are not bosses of the company. The HR under whom the recruitment process is going on will be the right person.






4.what is about last mail where i specified wrong company name is that still needs ro be corrected.
5.Should i send above mail to my manager as well who asked me to abscond and join.

If you pursue the above two issues, you will be inviting trouble for yourself.
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
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1. You have already acted illegally in staying in the muster roll of two separate companies for 15 days,

2. You have also  taken a wrong step in sending the said email to Y company since it is not possible for a Company to give in writing any thing in line with what you have asked for,

3. If  Y Company does not know that you worked for X Company, then it is not likely that they will come to know about your said illegal dual employment for 15 days and make it an issue later on,

4. It will be prudent on your part not to stir the issue in your own interest..
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. No Company will give in writing that you will have no problem for  your illegal act (which they know since they only advised you to abscond),

2. You are unnecessarily stirring  the issue which you should allow all to forget,

3. Send the mail to Y Company   asking them to ignore the said mail of yours,

4. If caught any day later on, you will be subjected to disciplinary action and the decision will depend on the Company,

5. there is no point in further absconding for Y Company to repeat the same mistake.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. You have taken the right step to send the mail asking the HR to ignore your earlier mail,

2. Do not stir up the issue any further,

3. There will be no criminal case against you for giving a false Company's name since it has not caused any damage to any one.
Krishna Kishore Ganguly
Advocate, Kolkata
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226 Consultations
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1. Do not send Y Company the relieving letter issued by X Company since it will expose the fact  that you had dual employment for 15 days,

2. The best course of action for you shall be to keep quite and continue to work with Y Company with out raising the said issue any further.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. Why are you unnecessarily racking up the issue?

2. Do not submit the release letter issued by X Company since it will serve as an evidence that you had dual employment for 15 days,

3. If you force Y Company to take note of your illegal act, then they will be forced to take up the issue for which you will be terminated from your job and will not get any job in future for that termination letter issued on the ground of cheating.

4. Work for few years with Y Company after which you can change your employer duly following the resignation procedure and this way no body will be able to detect your said act of dual employment for 15 days. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1) I had merely advised yiu that suppression of material facts is grounds of termination and advised you to set record straight 

2) I have never said you would be sentenced to 2 years imprisonment 

3) at most your service would be terminated 

4) yiu can clarify your email that inadvertently   instead of mentioning infocepts you wrote infotech . It was typographical error 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. You have committed a mistake by absconding from X Company and also informing Y Company that you worked with some other company,

2. it will be prudent on your part to withdraw the mails sent to the Y Company which they wanted you to withdraw,

2. You have been repeatedly advised not to stir up the issue when the Y company does not want it to be.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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