Community › Forums › Legal Advice India › Organisation is playing games
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UUser_669846a8
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March 10, 2025 at 4:18 pmMy friendโs appraisal had been due for more than six months and was supposed to take place in June 2024. The organization had promised to provide the appraisal by mid-January 2025. However, instead of giving the appraisal, they laid her off on January 15 due to cost-cutting reasons, promising to pay one month of additional salary. There were no performance-related concerns.She had no issues with the decision and cooperated. She requested that instead of marking it as a layoff, they allow her to resign voluntarily, with her official relieving date as February 15. The organization agreed. A colleague of hers had made a similar request, but the company relieved him immediately without paying any additional amount.
Despite this, my friend still decided to submit her resignation since she had an email stating, โPay cycle ends on 15th Feb.โ However, before she could send the resignation email, her access was revoked, preventing her from doing so. Later, the company sent her a No Dues form, which mentioned her relieving date as February 14. She signed it, assuming everything was in order.
Fast forward to last weekโHR informed her that they wouldnโt be able to mention February 14 as the relieving date on her experience letter. She was frustrated and asked for an explanation, but the company refused to provide any reason. She pointed out that if they had an issue with the relieving date, they should have raised it earlier, especially since they had already mentioned February 14 in the No Dues form. In response, the company issued a new No Dues letter with January 15 as the relieving date, claiming that the earlier date was a mistake on their part.
She has not yet received her full and final settlement and fears that if she signs the new document, they may try to manipulate the situation further.
What can she do?
– Can she take legal or any other action against the organization without putting herself at risk?
– What are her options to ensure she receives her pending dues and a proper experience letter with the correct relieving date?Please advise.
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