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  #1 (permalink)  
Old 10-13-2006, 01:08 PM
cgs cgs is offline
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Default Relieving letter problem :confused:

I have worked for an reputed Indian company for around 10 years. I have been deputed to US on H1B. Since my company wouldn't process my GC, I went back to India after 6 years. I was back to US on a new H1B with the same company, but decided to resign at onsite for family problems.
I submitted resignation quoting the family issues with 15 days notice to my employer, my employer insisted on 90 days, which I couldn't because it wouldn't practical to have that long notice as I have other offer in hand. It was usual practice as many people gave 15 days notice and get away with it. But my case was different

My employer informed the client about my intention to resign and client released me few days after.
I joined another organization with the new H1B and continued since then.

Here is the problem.
Since my resignation I have requested many times to HR to relieve me from duties and settle the account. After many many communication exchanges for the past 1 and year, finally I got the following e-mails from my HR.

***
Mail1 from HR: (Initial)
About your final settlement, we can go ahead with it as per process.

As per your BU, you were not relieved from your responsibilities Onsite, but you chose to stop reporting to duty,
hence a normal relieving is unlikely, as per process we can only go ahead settling your accounts.

Hope this clarifies

Mail2 from HR: (recent)

Like I have informed in my preious mail we can go ahead with the final settlement.
For which you need to nominate someone who will do your clearance on your behalf

The HR records you have resigned and have not given the requisite notice period of 90 days, you were not even relieved. Hence the relieving process will include only an accounts settlement. This is for records.
***

The above mail means, they would like to settle only the accounts like the losses they might have incurred because of my resignation at onsite (around $20k to $30k + mostly interest) , any leave, pf etc other financial things.

But I was more looking for experience letter for the services I have performed at my previous organization.

Can someone throw what options I have? Do we have any rights as an employee to get the things in our way? Is the 90 day HR quoting is valid while empolyee on deputation to US? Can't we resign job at onsite if we have family issues? Will it be illegal? 15 days wouldn't be sufficient? How should I approach?
Thanks,
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  #2 (permalink)  
Old 10-13-2006, 01:15 PM
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In India u must have signed a contract with ur Co. However, in India they make u sign a 90 day notice thing. However, when they send u on deputation, they may have given u another document to sign which is US specific. If not, then ur best bet would be to call ur local labor office and find out if the contract u signed for employment in India is still valid while u are in US.

If nothing works, your best bet would be to negotiate with the Indian employer.

Though they cannot harm you legally in any way, if you do not pay back the $20K for notice period...Providing Experience letter is solely at their discretion. So, its your decision whether you want to pay taht much for an Experience letter.

Regardign resigning due to family issues, they can always offer u to take Unpaid leave till ur family matter is solved, why should u have to resign because of that.

Last edited by jonty_11; 10-13-2006 at 01:22 PM.
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Old 10-13-2006, 01:44 PM
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consult a lawyer and find out your options before your employer takes any action against you.
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Old 10-13-2006, 01:46 PM
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Default Not offered unpaid leave

I had a discussion with my marketing manager (US) and my boss (India) at the time of resignation. They have offered/promised many things with a precondition of me staying with the client for 6 months first and later reduced it to 3 months which they would be recommended to senior management for approval etc. But I couldn't accept any of those as they were not going to solve any of my issues I was facing that time. But they didn’t it not offer unpaid leave, but I wouldn’t have agreed to that also as I was having promising future with those family issues getting resolved.
Thanks,
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  #5 (permalink)  
Old 10-13-2006, 01:56 PM
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It reiterates the point of having a good relationship with your employer - past, present and future.

Anyhow, the best option is to negotiate. If the particular HR person is giving hard time, find someone else to talk/communicate to.

Read carefully your US assignment letter, binding agreement, employment terms (applicable ones) and look for items that you can negotiate - NOT confront.


Once you are in the US, you are an employee of an US entity. US Labor laws apply.

Confrontation and legal action are the least preferred, unless it absolutely warrants. You need to record every action you do to resolve this.

Last edited by GCisLottery; 10-13-2006 at 03:26 PM.
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Old 10-13-2006, 02:11 PM
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If someone is giving you trouble after you left the company - IT IS NOT A GOOD COMPANY WITH GOOD ETHICS. If you think the HR is being a pain in the ass, try sending a decent email to the chairman of the company explaining that you are having trouble and would dfinitely need help. In most cases, they will never want to make a former employee feel bad about leaving the company. if that does not help, try getting a letterhead from a friend. Most people follow this practice. This is the best way. You can have a trusted manager or a collegue give you a good resignation letter informally. It does not always have to be the HR. When I left my company in India in 2000, the company was giving me hard time, and HR was doing all sorts of things legally, but offline, without anyone's knowledge, he gave me all documents I need and just told me to go peacefully.
About financial settlement, I think as long as you don't bother the HR, you will not have any issues. So try to get a letter from anyone who you think is your friend and willing to help you. You can even get a letter from the client if you think you have good relationship with the client.
Good luck
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  #7 (permalink)  
Old 10-13-2006, 02:28 PM
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since you came here on H1B, they can bound you on Indian contract, you can take this with DOL, just write a letter to your old employer that you will be calling DOL regarding this matter, I bet everything will change.

no one expects 90 days notice, will they give u 90 days notice if they have to lay you off..

Good luck
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  #8 (permalink)  
Old 10-13-2006, 02:31 PM
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Default explain

Quote:
Originally Posted by pappu
consult a lawyer and find out your options before your employer takes any action against you.
I didn't understand what you meant here. Can you explain?
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  #9 (permalink)  
Old 10-13-2006, 02:40 PM
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Quote:
Originally Posted by cgs
I didn't understand what you meant here. Can you explain?
Well some employers are notorous and prey on innocent former employees. I know some companies that do all sorts of things when you leave them.
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  #10 (permalink)  
Old 10-13-2006, 03:00 PM
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You leaving the company was not a surprise to them based on your explanation. To me, the 90-day notice period looks exorbitantly long. Did you have any accumulated vacation time in USA while you were leaving? Some of that time could be counted against the notice period. The longest notice period I have seen in this country is 45 days. Most companies have only 15 days.

Please explain this issue to your ex-client and tell them how your ex-company is coming after you. Maintaining their image in front of a client is the most important to a consulting company. If the client feels your ex-company is behaving inappropriately with you, they are least likely to get contnued business from the client.

Get experience letter from one of your ex-colleagues or even one of the ex-clients. That should do for I-140 filing.

Ask for help from DOL regarding legality of the 90-day period and consequent damages the company is demanding from you. If your family issues are legitimate, your ex-company must have given you unpaid leave for 12 weeks under FMLA. Consider suing the ex-company for violating the federal law.
Did you maintain copies of the e-mail? Are they on the ex-company's e-mail server?

Contact local state bar association and see if any one could offer assistance as well.
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  #11 (permalink)  
Old 10-13-2006, 04:08 PM
cgs cgs is offline
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Default Thank you all for your sincere responses.

They weren't surprised at all. They knew about my problems before coming to US. After getting selected in client interview, I have refused to go, considering my family issues, but they didn't listen. (Not going will be a temporary solution that time). From then the problems started, I understood that my company objectives are not meeting with mine and it was time to separate.

I was there for few months at the client place before leaving my ex-employer, so not having much rapport and no contacts later.

Probably I have accumulated around 60 leaves at India (not very sure). I have kept copy much of the communication for future reference.

I have perm labor and Approved I140 with my current employer. I have got the experience letter from ex-colleague as recommended by Attorney. I have approached my ex-employer for the certificate but no responses to that.

So what would be the best thing? Shall I approach attorney (India or Here) as there is not much scope for negotiation with the ex-employer? What are the risks? Should I tell my intentions to the ex-HR? In the recent e-mail they were expecting someone from me to represent and settle the account.

Quote:
Originally Posted by GCwaitforever
You leaving the company was not a surprise to them based on your explanation. To me, the 90-day notice period looks exorbitantly long. Did you have any accumulated vacation time in USA while you were leaving? Some of that time could be counted against the notice period. The longest notice period I have seen in this country is 45 days. Most companies have only 15 days.

Please explain this issue to your ex-client and tell them how your ex-company is coming after you. Maintaining their image in front of a client is the most important to a consulting company. If the client feels your ex-company is behaving inappropriately with you, they are least likely to get contnued business from the client.

Get experience letter from one of your ex-colleagues or even one of the ex-clients. That should do for I-140 filing.

Ask for help from DOL regarding legality of the 90-day period and consequent damages the company is demanding from you. If your family issues are legitimate, your ex-company must have given you unpaid leave for 12 weeks under FMLA. Consider suing the ex-company for violating the federal law.
Did you maintain copies of the e-mail? Are they on the ex-company's e-mail server?

Contact local state bar association and see if any one could offer assistance as well.

Last edited by cgs; 10-13-2006 at 04:11 PM.
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Old 10-13-2006, 04:19 PM
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Default

Quote:
Originally Posted by cgs
They weren't surprised at all. They knew about my problems before coming to US. After getting selected in client interview, I have refused to go, considering my family issues, but they didn't listen. (Not going will be a temporary solution that time). From then the problems started, I understood that my company objectives are not meeting with mine and it was time to separate.

I was there for few months at the client place before leaving my ex-employer, so not having much rapport and no contacts later.

Probably I have accumulated around 60 leaves at India (not very sure). I have kept copy much of the communication for future reference.

I have perm labor and Approved I140 with my current employer. I have got the experience letter from ex-colleague as recommended by Attorney. I have approached my ex-employer for the certificate but no responses to that.

If u have I-140 approved why do u need expereince letters again...

So what would be the best thing? Shall I approach attorney (India or Here) as there is not much scope for negotiation with the ex-employer? What are the risks? Should I tell my intentions to the ex-HR? In the recent e-mail they were expecting someone from me to represent and settle the account.
Going back to the ex-client will not work. Since they terminated ur services early once they learned abt your intentions from ur employer, it means they will believe ur employer more than they trust you. They will not screw up their relationship with ur employer, specifically if its a Big Indian IT firm they normally dont get into these squabbles.
If its just the Exp letters that you need, get them from an a former Manager on a notarized paper or from an ex employees..as suggested by GCWaitforever.

If u have I-140 approved why do u need expereince letters again...
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Old 10-13-2006, 04:22 PM
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Default

Quote:
Originally Posted by cgs
I had a discussion with my marketing manager (US) and my boss (India) at the time of resignation. They have offered/promised many things with a precondition of me staying with the client for 6 months first and later reduced it to 3 months which they would be recommended to senior management for approval etc. But I couldn't accept any of those as they were not going to solve any of my issues I was facing that time. But they didn’t it not offer unpaid leave, but I wouldn’t have agreed to that also as I was having promising future with those family issues getting resolved.
Thanks,
cgs...anyone can promise things verbally, but if its not on paper its of no value.
To have a solid case u must have emails, etc to prove your points, and then send them back to the HR and tell them you will report to DOL showing all the proof....
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  #14 (permalink)  
Old 10-13-2006, 04:39 PM
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I was optimistic that everything will go in my favor.
When they have asked to bring the security ids, badges, work at home kit, I should have insisited on relieving letter. I used to think I should have called police for not giving me the relieving letter. (Could this have worked?)
They stopped payroll from the next day, and asked me to report in India to settle the account. They said they can arrange flight ticket, if I want.
Quote:
Originally Posted by jonty_11
cgs...anyone can promise things verbally, but if its not on paper its of no value.
To have a solid case u must have emails, etc to prove your points, and then send them back to the HR and tell them you will report to DOL showing all the proof....
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  #15 (permalink)  
Old 10-13-2006, 07:08 PM
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Quote:
Originally Posted by cgs
They stopped payroll from the next day, and asked me to report in India to settle the account. They said they can arrange flight ticket, if I want.
Employer has to buy ticket to leave according to H-1B rules. This is not a favor. You get paid till you work and any 401K, pension etc ... are yours to keep and you can roll them over. Did you not settle your account in India while coming over here? Usually companies insist on these formalities before you leave. So I do not think you have anything else to settle with them in India.
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