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WHi all,
My first (and hopefully only) post here, pardon any mistakes. I am extremely anxious right now because my employer is deducting amount post my exit, and has paid a lower amount than what I feel is due. I’m in Mumbai, Maharashtra.
Here’s the chronology of events:
1. Month October: I resigned upon finding a better offer. Before this point I had already communicated about a few leaves in November on account of exams
2. Month November: I take the leaves (had sufficient balance). My notice period is correspondingly extended which is fine by me
3. Month December: I unexpectedly suffered from severe health issues (have proof of diagnosis and all). 4 day leaves, again, notice period extended which is fine.
4. Month January (end): I am finally relieved after 4 months of notice periodHere’s the issue:
1. When I first received my FNF (after 47 days post Last Working Day, after multiple follow ups and their fake promises of releasing payment ‘this week, tomorrow, etc’), I noticed they had deducted a significant amount on account of “leaves during notice”. I was dumbfounded because: I had my NP extended due to leaves, I also had sufficient leave balance so why the deduction? They had also not processed a few other things in the FNF
2. I wrote multiple mails to them asking for the legal basis for such deduction (there’s no policy which states leave balance will lapse upon resignation and that all leaves availed shall be considered unpaid, nor does my contact state such)
3. They processed some partial amount but did not provide any explanation for the original question (they’ve till date not supplied any document which states that leaves will lapse or anything thereto)
4. I wrote back. Their legal team responded aggressively saying your tone is aggressive and no further adjustments shall be made.Other points:
1. Ex-colleagues and clients have called me 75+ times since last working day, isn’t this tantamount to harassment? I tried to be understanding that they are short staffed, but isn’t this excessive? And their legal team is accusing me of harassment by way of multiple follw-ups with HR and Finance for my FNF. The audacity?
2. I’ve proof of above (call logs, messages screenshotted etc.)
3. I retain their leave policy which does not state anything w.r.t lapsing of leaves. How can they extend the NP and still deduct amount for leaves? I shouldn’t have to double compensate right?Very anxious, will I receive the amount? I wish to send a legal notice but how? And the next steps.. can I file a recovery suit for the amount (20k deduction still pending) which is significant for me?
Please guide and help.
Note: I can provide my contract of employment, their leave policy and also the entire email chain for a lawyer’s review, along with a summary of all call logs and messages
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