When you leave a job, your employer is legally obligated to provide a full and final (F&F) settlement that includes pending salary, bonuses, gratuity (if applicable), leave encashment, and other dues. If your company is withholding your F&F settlement, here’s what you can do:
✅ 1. Write a Formal Email or Letter to HR
- Send a polite but firm email requesting the full and final settlement.
- Include your last working day, employee ID, and a summary of dues pending.
- Ask for a timeline and copy the HR head or reporting manager for visibility.
✅ 2. Send a Legal Notice
- If you don’t receive a proper response within a reasonable period (typically 30 days), consult a labor lawyer and issue a legal notice to the company demanding settlement of dues.
✅ 3. File a Complaint with the Labor Commissioner
- Visit your local labor office and file a complaint under the Payment of Wages Act or Shops and Establishment Act, depending on your location and industry.
- The labor officer may summon the employer for a hearing and attempt resolution.
✅ 4. Approach a Labor Court or Consumer Forum
- If the dispute remains unresolved, you can file a case in the labor court or a consumer court for recovery of unpaid dues.
- Maintain all documentation: resignation letter, salary slips, emails, and company policies.
🛡️ If You’re Also Falsely Accused of a Crime (e.g., theft or harassment):
Being falsely accused can damage your reputation and legal standing. Here's how to protect yourself:
1. Hire a Criminal Defense Lawyer Immediately
- Do not ignore the accusation. A lawyer will help you navigate police procedures and safeguard your rights.
2. Gather Evidence
- Collect any messages, CCTV footage, call logs, or witnesses that support your innocence.
3. Stay Silent Without Legal Counsel
- Do not speak to police or the accuser without your lawyer present.
4. Consider Filing a Defamation Case
- If the accusation is baseless and harms your reputation, you may have grounds to file a defamation suit or a criminal complaint for false charges.
⚖️ Conclusion
If your company withholds your full and final settlement, begin with formal communication, escalate legally through the labor department, and proceed to court if necessary. Simultaneously, if you're facing a false criminal accusation, take immediate legal steps to defend yourself and preserve your professional and personal integrity.
