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I have resigned from my previous employer(not MNC) recently where I had worked on contract(C2H) basis. I'm deputed to the client from my previous employer and I worked at the client location.

Since it is a contract position, I looked for another good opportunity after 1 year. My employer has the notice period of only 15 days and when I submitted my resignation, they said me that it is purely client decision. So when I approached the client for the same, they asked me to serve for 30 days and they approved my last working day.

Now the thing is that my payroll employer didn't commented on resignation mail which got approval from the client. when I contacted(on phone) them to comment on the mail,they said that it is not needed since you have client's approval.

Now I'm out from that Employer and joined in other company. I didn't got my last 2 months salary and the relieving & experience letters. when I asked them, they are saying unrelated reasons like "you have attempted to break the company policies and so the complaint team asked us to hold the salary & experience letter". But I didn't disobeyed their policies.

Please suggest the better approach to get my salary and documents.

My present company haven't asked the relieving letter and if they ask it in future, can I show the accepted mail from my client?

Is there a chance for my previous employer to proceed legally on my present employer on how they had taken the candidate without relieving from their side?

marked as duplicate by Stephan Kolassa, nvoigt, gnat, Kent A., Dawny33 Jan 9 '16 at 16:42

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  • Hmm, you happen to have any documents stating what you should do? Word of mouth tends to be difficult to provide proof. – Nelson Jan 9 '16 at 3:14
  • They didn't even commented on my accepted relieving letter from the client though I had contacted them many times. Don't know if I can provide the client accepted mail(Ex-employer in CC) as resignation to my present company. – Sree Jan 9 '16 at 12:15
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The first thing you need to do is to provide any evidence you have that you have indeed correctly followed company policy. If you can prove that their claims are false, then the problem goes away.

If you don't have any evidence, I would then suggest asking them to provide their evidence that you did actually attempt to break them so you can get legal advice on it. You don't necessarily have to get legal advice, but it will force them to substantiate their claims with the threat of it being independently scrutinised. You may also find that you actually have breached company policy unknowingly, so understanding their claims in detail are of value to you.

If you have no luck, then you may indeed need to engage a lawyer to look at your situation.

  • If this is USA , there is no chance of anything legal. In fact you must sue your ex company for non payment of salary. Keep the email print out safe. I see this as a ploy to take 2 months of money from you by your ex company. Be firm and threaten legal action and they will be set straight. I am sure your middleman is a small body shopping outfit. – Learner_101 Jan 9 '16 at 7:50
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    @Learner_101 Relieving letters indicates that it is India, where the law is very different from the US. – Jane S Jan 9 '16 at 7:57
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    @Sree If that is the case (and it seems provable enough), then seeing a lawyer is probably a good thing. I'm not sure if "interviewed for a client" breaches that company policy, but a local lawyer could clarify that for you. – Jane S Jan 9 '16 at 11:49
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    At this stage you can just consult a lawyer. the company is betting that most people would forego the salary and the hassle of dealing with them through lawyers. I would say take the legal course if you are sure you are going to fight it out. If not leave it. You can always show the salary slips as evidence. They will send the tax forms for sure as it is mandatory. – Learner_101 Jan 10 '16 at 3:32
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    @Sree I think that seeing a lawyer to find out your options is really the only choice you have. You don't have to proceed any further than that, but you really should find out about where you stand in law. – Jane S Jan 10 '16 at 5:18

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