they gave me a notice to explain right after i have tendered my resignation.i didnt know that they were investigating me in the first place. if the case was the other way around then i wouldnt be asking any questions.the resignation came first before i even knew anything about the investigation.my letter was addressed to the manager who "received" it w/c i think signifies acceptance as she is my immidiate boss and that she represents management of the company.she may probably made a mistak signing it but as far as i know,affixing your signature in a document signifies "acceptance" or validation.regarding the filing of criminal case i know they could but im just taking things one step at a time.actually it was my lawyer who advised me not to attendd the proceedings since in his interpretation and understanding that i am a resigned employee..if they would file a criminal case,i dont know,it is beyond my control.as for the moment,my concern is for them not to terminate me.thanks for your input though..appreciate it.
From Philippines, Pasig
3From Philippines, Pasig
Dear Melzizi,
With reference to your posts, here is my understanding and advice on same...
Firstly as said by Saswata sir, your resignation was just recieved and not accepted.... which you confirm in your later post which i quote as follows:
So technically, you submitted your resignation to the concerned person with your intended last working day. But it has not been accepted or proceeded... for whatever reasons...
Secondly....
When they called you to discuss a case, you chose not to go and discuss and reason for this??? You mentioned about the case as follows -
Don't you think this is a serious matter to be discussed... It's a different thing that you're resigning from the company but do you want the company to mark you red and fradulent and share the same remarks to anyone who approach them for your BGV???
Apart are you aware that if you'd stop going to the office and do not attend the enquiry sessions, after giving you a couple of warning they can write about this in local newspapers and put you guilty for whatever happened???
I just wish to say one thing, if you're not guilty in the act, why don't you wish to go and seek clarification and find out who is the mastermind behind this and trying to frame you???
To be honest, if you look at the scene as a third person, all this is just raising an alarm that you're trying to run away from the situation.... And this is working not in favor of you...
The very first thing is your resignation coincided with the investigating period... You might not be aware as they never communicated it with you.... but what they'd think is you are suspecting an enquiry in near future and hence wish to have peaceful resignation before things get scaled up....
At the bottom line, I think you should atleast try to go and meet the management and have their concern... You can if you wish take a lawyer who can help you out if you are not guilty of the act....
From India, Mumbai
With reference to your posts, here is my understanding and advice on same...
Firstly as said by Saswata sir, your resignation was just recieved and not accepted.... which you confirm in your later post which i quote as follows:
So technically, you submitted your resignation to the concerned person with your intended last working day. But it has not been accepted or proceeded... for whatever reasons...
Secondly....
When they called you to discuss a case, you chose not to go and discuss and reason for this??? You mentioned about the case as follows -
Don't you think this is a serious matter to be discussed... It's a different thing that you're resigning from the company but do you want the company to mark you red and fradulent and share the same remarks to anyone who approach them for your BGV???
Apart are you aware that if you'd stop going to the office and do not attend the enquiry sessions, after giving you a couple of warning they can write about this in local newspapers and put you guilty for whatever happened???
I just wish to say one thing, if you're not guilty in the act, why don't you wish to go and seek clarification and find out who is the mastermind behind this and trying to frame you???
To be honest, if you look at the scene as a third person, all this is just raising an alarm that you're trying to run away from the situation.... And this is working not in favor of you...
The very first thing is your resignation coincided with the investigating period... You might not be aware as they never communicated it with you.... but what they'd think is you are suspecting an enquiry in near future and hence wish to have peaceful resignation before things get scaled up....
At the bottom line, I think you should atleast try to go and meet the management and have their concern... You can if you wish take a lawyer who can help you out if you are not guilty of the act....
From India, Mumbai
Dear Melzizi,
When you are not at fault, why are you afraid of meeting the management? My point is, when something happens without your knowledge or involvement, you are not held responsible. During the course of investigation, all relevant transaction logs are investigated including the details of the computer logs which are used by the users in the fraudulent transactions etc.
Real culprit comes out after investigation. Till then, as advised by (Cite Contribution) and Ankita, please co-operate with your ex-management so that you are not creating a hostile environment around you that is detrimental to your own interests and your future employment.
With regards,
Madhusudan
From India, Vijayawada
When you are not at fault, why are you afraid of meeting the management? My point is, when something happens without your knowledge or involvement, you are not held responsible. During the course of investigation, all relevant transaction logs are investigated including the details of the computer logs which are used by the users in the fraudulent transactions etc.
Real culprit comes out after investigation. Till then, as advised by (Cite Contribution) and Ankita, please co-operate with your ex-management so that you are not creating a hostile environment around you that is detrimental to your own interests and your future employment.
With regards,
Madhusudan
From India, Vijayawada
I fully agree with Mr. Banerjee and Ms. Ankita, we have only seen one side of the coin the other side of the coin is yet to be known. So it is better to speak to the management and have a clarity on the issue
From India, Ahmadabad
From India, Ahmadabad
Dear Melzizi,
We begin with the premise that you have been framed in, since you resigned.
Points to be considered are how many ways will your employer press the charges against you. The scam must have been there for sometime , when you were working as an employee.
If you saw malpractices, why hadn't you raise an alarm? If you were unaware of them, till the charges were filed, you need to prove your innocence.
Any information or its misrepresentation that went from your office , needs to be investigated. Given the fact that you are out of the firm and they hold the data, what are the sources that you are left with, about the transactions? Proving not guilty is the lawyer's job, give in all the information that you have and work on all the probabilities.
If you are being hired for a senior role in the new firm, can you take the new employer in confidence? How far would they be able to check the validations that you provide?
I am only concerned about this case, am certain you will sail through your career . Also check for the provision for anticipatory bail under criminal/fraudulent cases
From India, Mumbai
We begin with the premise that you have been framed in, since you resigned.
Points to be considered are how many ways will your employer press the charges against you. The scam must have been there for sometime , when you were working as an employee.
If you saw malpractices, why hadn't you raise an alarm? If you were unaware of them, till the charges were filed, you need to prove your innocence.
Any information or its misrepresentation that went from your office , needs to be investigated. Given the fact that you are out of the firm and they hold the data, what are the sources that you are left with, about the transactions? Proving not guilty is the lawyer's job, give in all the information that you have and work on all the probabilities.
If you are being hired for a senior role in the new firm, can you take the new employer in confidence? How far would they be able to check the validations that you provide?
I am only concerned about this case, am certain you will sail through your career . Also check for the provision for anticipatory bail under criminal/fraudulent cases
From India, Mumbai
I don't think he can take anticipatory bail, which sends a wrong message to his prospective employer as if he is involved in a fraud. It would be better if his lawyer is by his side when he communicates with his ex-management.
With regards,
Madhusudan
From India, Vijayawada
With regards,
Madhusudan
From India, Vijayawada
Dear Melzizi,
Be it any country, Law related to acceptance is same. Even in your country receiving the resignation would not mean that it has been accepted. Also not attending the enquery in case of any fraud related to your employment term would give an indication that you have left the service just to evade the consequences of the act and moreover this case may cultivate into a criminal one as it is related to card fraud.
My opinion to you would be to go and attend the enquiry and defend the same and do not let it go exparte againt you, as in such case they may file a police complaint against you for committing frawd.
If you generally looking for a change it is best to serve the proper notice as it keeps your reputation and peace with your previous employer.
From India, New Delhi
Be it any country, Law related to acceptance is same. Even in your country receiving the resignation would not mean that it has been accepted. Also not attending the enquery in case of any fraud related to your employment term would give an indication that you have left the service just to evade the consequences of the act and moreover this case may cultivate into a criminal one as it is related to card fraud.
My opinion to you would be to go and attend the enquiry and defend the same and do not let it go exparte againt you, as in such case they may file a police complaint against you for committing frawd.
If you generally looking for a change it is best to serve the proper notice as it keeps your reputation and peace with your previous employer.
From India, New Delhi
You say you got to know of the investigation one day after your resigned
And your lawyer asked you not to attend, that means you were actually aware of the investigation and your possible (or definite) implication in the case. Why else will a lawyer ask you not to attend an enquiry. Enquiry could also have been initiated (say) a month after you left. The company is right in asking you to come, attend and explain. They can't harass or call repeatedly, but refusing to attend even once, shows things in a very bad light.
Incidentally, as Ankita noted, signing of a letter indicates "Received". For it to be accepted, it needs to be written as such on the letter. Further, I am quiet sure they would be having a letter in the file that would say that you are required to serve the full notice pay. So, no, your resignation is not accepted.
From India, Mumbai
And your lawyer asked you not to attend, that means you were actually aware of the investigation and your possible (or definite) implication in the case. Why else will a lawyer ask you not to attend an enquiry. Enquiry could also have been initiated (say) a month after you left. The company is right in asking you to come, attend and explain. They can't harass or call repeatedly, but refusing to attend even once, shows things in a very bad light.
Incidentally, as Ankita noted, signing of a letter indicates "Received". For it to be accepted, it needs to be written as such on the letter. Further, I am quiet sure they would be having a letter in the file that would say that you are required to serve the full notice pay. So, no, your resignation is not accepted.
From India, Mumbai
i found out about the investigation when i received there letter prompting me to consult a lawyer on what to do.you are probably correct that i made a mistake not attending the preliminary investigation.about the resignation,thank you because it is really the main reason why im asking about all this.
From Philippines, Pasig
From Philippines, Pasig
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