I think TS has given you real good suggestions. Nevertheless, I don't see much of a choice there.
I don't know if the relieving order is a mandatory requirement at the new company while joining. If yes, you have limited options, but to take-up legal action stating that the notice was served and the separation cannot be held-up. Further, the second thing you need to clarify is that the medical claim has been paid out by you and 'not pocketed' by you. You need to tell them that they have to settle it (giving the timeframe).
If your new company is a 'sensitive' one, you might land in bigger soup. For they might mis-interpret and mis-understand your whole story. And believe me, most HR folks are notorious about that :-)
Postponing a joining date is again an option. A need-to-know basis is fine. You might tell them that your relieving is taking a little longer and that you would like to complete a few formalities at the old company.
If that company is a large player, I don't think you can damage their reputation in any way. Most people have ended up in worser situations when they have tried things in that direction.
If you know the owner or the CEO of the new company personally, you might want to have a chat with him/her and be open and honest. S/He might give you a better way. It would not be a good idea, but if it works, you sure have more to gain than lose.
While every business speaks of honest values of its employees, most times you see deviations. And despite your best efforts, you might still be nailed by the wrong side. But that is where, you need to explore more options and take two steps back and rework your future. And believe me, I have seen it with many and it has worked wonders with most of them!
From United States, Daphne
50I don't know if the relieving order is a mandatory requirement at the new company while joining. If yes, you have limited options, but to take-up legal action stating that the notice was served and the separation cannot be held-up. Further, the second thing you need to clarify is that the medical claim has been paid out by you and 'not pocketed' by you. You need to tell them that they have to settle it (giving the timeframe).
If your new company is a 'sensitive' one, you might land in bigger soup. For they might mis-interpret and mis-understand your whole story. And believe me, most HR folks are notorious about that :-)
Postponing a joining date is again an option. A need-to-know basis is fine. You might tell them that your relieving is taking a little longer and that you would like to complete a few formalities at the old company.
If that company is a large player, I don't think you can damage their reputation in any way. Most people have ended up in worser situations when they have tried things in that direction.
If you know the owner or the CEO of the new company personally, you might want to have a chat with him/her and be open and honest. S/He might give you a better way. It would not be a good idea, but if it works, you sure have more to gain than lose.
While every business speaks of honest values of its employees, most times you see deviations. And despite your best efforts, you might still be nailed by the wrong side. But that is where, you need to explore more options and take two steps back and rework your future. And believe me, I have seen it with many and it has worked wonders with most of them!
From United States, Daphne
Thanks nikhil.
Things at my company are becoming hotter. I received a call from my manager y'day asking me to accept the reversal of my separation. and she says if i dont accept i wont be relieved. when i took this issue to the location head, to my surprise he gave me an deaf ear and said that he wont be of much help to me in this matter as this has gone to the corporate investigations team. And he says the reason for holding your releiving is because if the enquiry findings turn out to be a fraud then we will not releive you but terminate you.
i immediately asked what if the findings prove my claim as genuine. then what? he coulldnt answer that.
how can i even think of accepting the reversal of my resignation with out the timeframe of the investigation. i cannot wait endlessly in the company till its concluded.
Tomorrow is my last working day. i need to know one thing very clearly. can i leave the company after serving the full notice period eventough they hold my separation. according to law is this fine?
Sir, pls advise on this.
From India, Hyderabad
Things at my company are becoming hotter. I received a call from my manager y'day asking me to accept the reversal of my separation. and she says if i dont accept i wont be relieved. when i took this issue to the location head, to my surprise he gave me an deaf ear and said that he wont be of much help to me in this matter as this has gone to the corporate investigations team. And he says the reason for holding your releiving is because if the enquiry findings turn out to be a fraud then we will not releive you but terminate you.
i immediately asked what if the findings prove my claim as genuine. then what? he coulldnt answer that.
how can i even think of accepting the reversal of my resignation with out the timeframe of the investigation. i cannot wait endlessly in the company till its concluded.
Tomorrow is my last working day. i need to know one thing very clearly. can i leave the company after serving the full notice period eventough they hold my separation. according to law is this fine?
Sir, pls advise on this.
From India, Hyderabad
Hello rajee46,
Straight-away involve a lawyer.
I still feel the Affidavit route will be the best for you @ this point of time. Even if they really go legal, the court will have to take cognizance of your intentions--hadn't you been serious & hadn't you believed yourself to be Not-guilty, you wouldn't have given the Affidavit.
Pl note that what I am trying to do by suggesting this route is this: DELINKING YOUR MOVE TO ANOTHER COMPANY WITH THE ISSUE HERE. As you can notice, they are trying to create a perpetual Link.
Obviously, they wouldn't indicate the timeframe or your query reg 'what if you aren't found guilty of fraud.
All the Best.
Rgds,
TS
From India, Hyderabad
Straight-away involve a lawyer.
I still feel the Affidavit route will be the best for you @ this point of time. Even if they really go legal, the court will have to take cognizance of your intentions--hadn't you been serious & hadn't you believed yourself to be Not-guilty, you wouldn't have given the Affidavit.
Pl note that what I am trying to do by suggesting this route is this: DELINKING YOUR MOVE TO ANOTHER COMPANY WITH THE ISSUE HERE. As you can notice, they are trying to create a perpetual Link.
Obviously, they wouldn't indicate the timeframe or your query reg 'what if you aren't found guilty of fraud.
All the Best.
Rgds,
TS
From India, Hyderabad
Hello rajee46,
And one more thing.
Tell your lawyer that you prefer a Court Notice rather than a lawyer/legal Notice. The reason is simple: the company can ignore/sit on the lagal Notice but it can't do the same on a Court Notice.
Any sane & reasonably good lawyer would know that aspect & also what to do to get IMMEDIATE relief so that your career won't be affected by this company's action--meaning again the De-linking process.
All the Best.
Rgds,
TS
From India, Hyderabad
And one more thing.
Tell your lawyer that you prefer a Court Notice rather than a lawyer/legal Notice. The reason is simple: the company can ignore/sit on the lagal Notice but it can't do the same on a Court Notice.
Any sane & reasonably good lawyer would know that aspect & also what to do to get IMMEDIATE relief so that your career won't be affected by this company's action--meaning again the De-linking process.
All the Best.
Rgds,
TS
From India, Hyderabad
Rajee,
You need to stay at it. Its the only move left.
Employees are often framed by such corporate 'internal investigations'. So, I wouldn't expect anything good from the whole exercise. All activities we are talking of are for 'damage control', although I frankly don't see too much of control as such!!! Especially as the HR folks of most companies are strongly focused on the 'damage' rather than the business requirements. Nevertheless, you need to work around that.
I believe the best move, and I am only guessing here... would be to join the new company and try to postpone the documentation requirement of the letter. Your manager's email is proof that you have resigned and you might be having an acknowledgment of your resignation letter. Use them and tell them that you are still on the paperwork.
No point in wasting any more time with a company that is least interested in making you grow. Its time to kick them without having two opinions of it. You might not be able to claim the experience and the repercussions this is bringing in, but you have to learn your ways around.
And last but not the least, don't let this incident get to you. Such workplace things often churn out a lot of emotions. It could take sometime (a couple of years???) for people to understand they need to move on.
As for the legal action, it will take its own course. In our country, truth can be bought. So, don't expect too much from that front too.
From United States, Daphne
You need to stay at it. Its the only move left.
Employees are often framed by such corporate 'internal investigations'. So, I wouldn't expect anything good from the whole exercise. All activities we are talking of are for 'damage control', although I frankly don't see too much of control as such!!! Especially as the HR folks of most companies are strongly focused on the 'damage' rather than the business requirements. Nevertheless, you need to work around that.
I believe the best move, and I am only guessing here... would be to join the new company and try to postpone the documentation requirement of the letter. Your manager's email is proof that you have resigned and you might be having an acknowledgment of your resignation letter. Use them and tell them that you are still on the paperwork.
No point in wasting any more time with a company that is least interested in making you grow. Its time to kick them without having two opinions of it. You might not be able to claim the experience and the repercussions this is bringing in, but you have to learn your ways around.
And last but not the least, don't let this incident get to you. Such workplace things often churn out a lot of emotions. It could take sometime (a couple of years???) for people to understand they need to move on.
As for the legal action, it will take its own course. In our country, truth can be bought. So, don't expect too much from that front too.
From United States, Daphne
Thanks nikhil.
Its a conplete nightmare to me , this company. without my knowledge and acceptance they reversed my resignation. And now they are telling me if i dont turn up to office they start absconding process on me ...and will terminate me .
I did not go legal until now because i personally ran to the insurance company proved them that my claim was genuine. In return they processed my claim and has sent the clerance to my company. Now my HR is saying they did not receive it.
i am running out of all options now. If a go legal, i am sure i will lose my new offer.
i bought time until friday from my new employer.
If court order has to go, to whom should it go....to the address mentioned in my offer letter or ...i should ask the HR for it ??
pls advise.
what should i do.
From India, Hyderabad
Its a conplete nightmare to me , this company. without my knowledge and acceptance they reversed my resignation. And now they are telling me if i dont turn up to office they start absconding process on me ...and will terminate me .
I did not go legal until now because i personally ran to the insurance company proved them that my claim was genuine. In return they processed my claim and has sent the clerance to my company. Now my HR is saying they did not receive it.
i am running out of all options now. If a go legal, i am sure i will lose my new offer.
i bought time until friday from my new employer.
If court order has to go, to whom should it go....to the address mentioned in my offer letter or ...i should ask the HR for it ??
pls advise.
what should i do.
From India, Hyderabad
Hello rajee46,
At this point, suggest FIRST defocus your stress on the new job--looks like the present company is out to hook you [for whatever reasons]. Unless you de-focus the new job, your thought process on the subsequent steps would get effected. Worst-case scenario is: you will miss this chance--right? If that's what's to happen, so be it. Just remember that everything happens for our good--even though while we are going thru the situation(s), it's tough to believe this.
Did you talk to the new company's HR guys for extension of Joining? If not, pl talk to them ASAP.
Also, pl confirm if anyone [even colleagues] in the present company knows the name of the new company? If yes, pl be mentally prepared to face some anxious time with the new company when you ask for extension [there is a possibility that your present HR COULD have passed adverse remarks to them]. Since you would also need to indicate the timeframe of the extension, maybe you can ask for a couple of weeks.
Coming to your interaction with the Insurance company, pl confirm if you have the Processed Claim copy with you? If not, suggest ask for at least an informal copy--use it to handle the HR of your present company & for any later legal use.
And, AT LEAST NOW, take steps to go legal. Pl note that this doesn't & needn't mean that you will go the whole hog in this direction--frankly, it's tough to go the whole way, knowing our court process timeframes. But once you indicate to the present company that you are prepared to go legal, their responses should change. Also, like I indicated earlier too, tell your lawyer to get Court Orders/notice rather than a lawyer notice. And also drop enough hints to your colleagues [NOT HR] that maybe the media needs to be told of how things happen here--the news is sure to reach HR.
And, pl mail your resume to me on:
All the Best.
Rgds,
TS
From India, Hyderabad
At this point, suggest FIRST defocus your stress on the new job--looks like the present company is out to hook you [for whatever reasons]. Unless you de-focus the new job, your thought process on the subsequent steps would get effected. Worst-case scenario is: you will miss this chance--right? If that's what's to happen, so be it. Just remember that everything happens for our good--even though while we are going thru the situation(s), it's tough to believe this.
Did you talk to the new company's HR guys for extension of Joining? If not, pl talk to them ASAP.
Also, pl confirm if anyone [even colleagues] in the present company knows the name of the new company? If yes, pl be mentally prepared to face some anxious time with the new company when you ask for extension [there is a possibility that your present HR COULD have passed adverse remarks to them]. Since you would also need to indicate the timeframe of the extension, maybe you can ask for a couple of weeks.
Coming to your interaction with the Insurance company, pl confirm if you have the Processed Claim copy with you? If not, suggest ask for at least an informal copy--use it to handle the HR of your present company & for any later legal use.
And, AT LEAST NOW, take steps to go legal. Pl note that this doesn't & needn't mean that you will go the whole hog in this direction--frankly, it's tough to go the whole way, knowing our court process timeframes. But once you indicate to the present company that you are prepared to go legal, their responses should change. Also, like I indicated earlier too, tell your lawyer to get Court Orders/notice rather than a lawyer notice. And also drop enough hints to your colleagues [NOT HR] that maybe the media needs to be told of how things happen here--the news is sure to reach HR.
And, pl mail your resume to me on:
All the Best.
Rgds,
TS
From India, Hyderabad
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