At the end of Feb 2012 I resigned from 360Training because I was not satisfied with the appraisal I get at the end of the year. When I resigned, my immediate manager asked me about any ways I can stick to 360Training, but I humbly requested him not to tread that path because once its done… its done. 360Training failed to manage my expectation in this regard… or under paid me, otherwise.
I was serving my one month notice period and evaluating different options at hand. There's a pattern I observed that people maintain secrecy about the new company they are joining and refrain from disclosing it until they join the new company. When I resigned from 360Training, my colleagues asked me where am I going to? and I told them what was true at that time, that I am weighing different options and nothing is finalized yet, but will let them know as soon as I finalized one. After one week or so I confirm Active Capital IT and share the news with my colleagues, albeit, in an unusual manner. I emailed Product Development Team members on their official addresses about the company I'm going to and my current package at 360Training and my new package at Active Capital IT. I also included my immediate manager and HR colleagues.
Next day was a disaster for me, I had a debriefing session with local HR and they charge me that I've violated the Confidential Policy of the company and severe action in this regard can not be ruled out which might lead to the termination of my employment and withholding of benefits (Gratuity, Bonus, etc). I principally argued with them on the lines that sharing Package details does not entitle to violation of Confidential Policy and thus such a severe action is not appropriate. I did accept that I should have not shared the package details because that might have created problems for the HR. I also convince them that I did that in good faith and mistakenly overlooked that angle. To openly accept my mistake, I replied to the same email (with all participants of original email) and render my apology. I believe I'm a person, who once convinced, will not shy away from accepting his mistakes and clearing up the mess. All you have to do is to convince me through logic and reasoning.
At the end of the day, I thought I've been successful in convincing local HR that I have not violated the Confidential Policy and have accepted the mistake to the extent thats reasonable. But next day was worst, when I was told that your employment has been terminated (after my resignation?) and although I was serving the one month notice period, I will only get one week's salary and my Gratuity (equivalent to one month salary) will also be withheld. So, instead of getting two months salary (one month salary of notice period and one month against Gratuity) they will only be paying me one week salary. HR also forces me to receive the Termination Letter which I refused to and told them that I will not accept this at any cost and will consult my lawyer and take appropriate actions thereafter. I tried my best to convince them on following three points again and again, but they did not lend their ear to it:
- By sharing Package details with other colleagues, I've not violated the documented Confidential Policy at all.
- Termination can only be applied to an existing contract and once the contract has already been terminated or nullified via my Resignation on 29th of Feb 2012, there's no active existing contract remained between the two parties to be terminated.
- If an Employee is Terminated with out Notice Period i.e. with immediate effect, one month Salary should be compensated as per the Contract defined between the two parties.
I consulted my lawyer, a family friend of ours, on this matter and they agree to the points and helped me in formalizing them. He advises me to write a detailed email as a record, mentioning the points that are flawed and make one last effort in good faith to convince them that their actions are not legitimate before starting the legal proceedings.
I addressed that email to HR 360Training but didn't receive any reply. The first step to start was the Legal Notice which was delayed because of my brother's wedding on 23rd March 2012. I was very busy during that time and didn't get enough time out to meet with lawyer to finalize the notice. After the wedding when I met my lawyer, he convinced me to wait for the final settlement and not hurry in sending the legal notice. The final settlement has to be done by 10th of April 2012, so I thought I should now wait for that.
I received a call on 10th of April 2012 that my final settlement is ready and I can pick it up any time. I went to 360Training on April 13, 2012. Naseeruddin Charania sahib, the Finance Manager and most senior employee of 360 PK Office, greeted me whole heartedly. I was overwhelmed by the positive response and unconditional commitment of Naseeruddin sahib, and he told me that 360Training never treated their employees the way they did in my case and for that they are taking people to the task and apologized for how I have been treated by 360Training during the last month or so. He said that all my dues, including the Gratuity and others are now part of my final settlement cheque and 360Training is looking forward to have myself on board again in future. They also gave me my Experience Letter as opposed to the Termination Letter… WHOA! hats off to Naseeruddin sahib and all those sincere people in 360Training who helped to put the things in order. Thank You! (I don't exactly know who else had a positive role in all this and who screwed it up.)
In the end, it exactly happened as one of my friend wrote me, I quote "… and they live happily ever after…" :)
I am no way a perfect man, I err because I'm human, I do mistakes, on realization I apologize and learn from those mistakes, not to repeat them again… but please do not punish me more than what I deserve ~ SMH