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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I left my previous employer with 2 weeks notice . Company is

Customer Question

I left my previous employer with 2 weeks notice . Company is not offering me experience letter saying you have not served Inida notice period. Do I have any right to get my letter. I have never had any issues with the company. Even they have not informed
me anything about my notice period till the time i asked for experience letter. Company has provided me relieving letter and my full and final settlement without any issue. Do I have a right to get my experience letter. Many people in the same company got
experience letter in the same situation.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard There is no legal mandate that any notice be given to an employer before resignation. Does your employer have a company policy that they need more than 2 weeks? Have you ever been presented with that information?
Customer: replied 2 years ago.
My employment letter in India says " You have to serve 2 months notice period or you can be relieved earlier with management approval" I have already been relieved without any issue. I got relieving cum service certificate which mentions everything. But they are not issuing experience letter saying you have not served India notice period.
Expert:  Samuel II replied 2 years ago.
Ah, I see. Unfortunately, if it is company policy and you have not worked in India then there may be no recourse for you. Unless, you can get the names of other employees who did not serve in India either but still got the letter. Then you can present that to the employer and say if they did it for one, they need to do it for all.Otherwise, you can use your time with the employer on your resume and your next application and they are required to answer if the new employer contacts them
Customer: replied 2 years ago.
Employer is not responding now. I have all communication with them . They are not ready to give experience letter even after serving 7 years. I am not sure how to get this work done from them.
Expert:  Samuel II replied 2 years ago.
I suggest, the best way is to have a local attorney write them a letter on the attorney's letterhead and make a demand for the letter. They can state that if they have allowed others to do this and get a letter that they are being discriminatory by not letter you have such a letter.
Customer: replied 2 years ago.
1) cannot issue a letter to an overseas authority certifying the skill sets and competencies of person
2) This cannot be issued to you. The letter you are asking for is a practice applicable for Wipro in India and as per India notice period norms you had not provided sufficient heads up at the time of exit.
3) Service certificate and reliving letter are the documents which are issued toemployees in the US and have been given to you as well. Details of work experience is not a document that US is required to issue and it is a practice of India based entity where a discretionary document is provided to those complying with exit guidelines applicable
Customer: replied 2 years ago.
these are there different different answers
Expert:  Samuel II replied 2 years ago.
I see. Thank you for sharing that information And actually they are correct. There is no US law that mandates a reference letter of any kind. But if you can show that they have done this for other employees, then under the US laws, this could be discrimination not to issue you one - providing there are no variables in your employment. That the same circumstances apply to the others that they are applying to you
Customer: replied 2 years ago.
many friends are confirming the same but its difficult to get them in legal matters . As it is affecting me I am responding but its not affecting them now. Also I have offered previous employer to buy resonable notice period . They are not ready to listen that as well
Customer: replied 2 years ago.
The letter issuing team has confirm that they issue letters but they need managers/HR approval. Manager and HR of these projects are creating this drama. Manager has marked my exit unclean . This is not the case with everyone in the company. I have served them for 7 years . There is no value and they are creating all this drama
Expert:  Samuel II replied 2 years ago.
I understand. Unfortunately, I have presented your recourse. I wish there was more. I mean do you want to sue this company in India. Because you would need to do that in India and I am not familiar with those processes. And Under US law, you would only get your letter. I suggest you consult with a local attorney to get a letter written and it will not be as costly as suing them for the letter.
Customer: replied 2 years ago.
Thank you . I will get help of the local attorney
Expert:  Samuel II replied 2 years ago.
As per the terms of service we can only provide guidance and information. We are precluded from representing customers on this site. I suggest you can use the Texas Bar Association Legal Referral service for a local attorney (###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m.Good luck and thank you in advance for a positive rating