TCS suing ex-employee for breach of contract

I got married last year. My wife is an American citizen. So I filed for marriage-based I-485. Oh, did I forget to mention - I was a TCS employee, on an overseas assignment at the time. When my assignment got over, TCS could not find me a new assignment here. So they asked me to go back to India. I said I couldn't do that since my petition was pending - and deparing US meant abandoning my petition. So I requested leave without pay till my I-485 processing was complete. My request was declined and TCS told me go back to India or I would be branded "absconding" (TCS term for anyone who quits and goes incommunicado). I said, but I am talking to HR everyday so I can't be absconding. HR advised me to resign to avoid being "absconding" and face legal consequences. So I resigned and was unemployed for over 3 months. Yesterday, a letter was delivered to my home in India - and TCS is demanding 600,000+ INR for settlement. Do I have a cause of action?
 
i had left TCS in USA in 2007 and even though i tried to leave company on good terms and followed all regular process of resignation but still i recd letter from TCS to pay bond amount of 5lacs plus some other small misc amount. I recd several advice from friends and colleague that’s its one sided bond and u don’t have to pay it .. but it was so much bothering to me that i started dialogue with them and negotiated and eventually ended up paying 2 lacs + misc amount. So amount is definitely negotiable and its great mental piece to get clearance from these jerks. Feel free to write me if any of u need further details.

Good luck guys.
 
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Hi
What's your email address? I am planning to quit TCS and would like to have a short chat with you. Thanks
 
reply to TCS in their own language

Tell them that you will expose all fraud that TCS commits

a) does not pay the wages as agreed on the LCA which should be at par with any us national
b) commits immigration fraud , brings people on L1 Visa and makes them do coding at a client site , this is illegal
c) I do not know if they still make employees give back their tax returns , if they still do it report it to the internal revenue service as tax fraud

Threaten them of a counter law suit and take your story to the US media , they will jump on it and expose tcs which can even help to blacklist this rotten, shitty and garbage company
 
hi, I am in the same boat, they sent me a notice to pay 5 lacs, I am planning to negotiate the amount and pay it to put an end to this, as you said you already went through this process, have you received your relieving letter, any input is highly appreciated
 
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hi, I am in the same boat, they sent me a notice to pay 5 lacs, I am planning to negotiate the amount and pay it to put an end to this, as you said you already went through this process, have you received your relieving letter, any input is highly appreciated, my email id is kspri2001@yahoo.com

hi,

i received experience letter from TCS.
TCS mumbai is having well established process for this and they issue receipt (for amount u pay to them) and experience letter after ur payments are cleared. Make sure everything is crystal clear in emails (no assumptions) with settlement dept before sending draft to TCS. They even allow fund transfer thru ICICI.
 
I am also in the same boat and panicking

hi,

i received experience letter from TCS.
TCS mumbai is having well established process for this and they issue receipt (for amount u pay to them) and experience letter after ur payments are cleared. Make sure everything is crystal clear in emails (no assumptions) with settlement dept before sending draft to TCS. They even allow fund transfer thru ICICI.


All ,
I had resigned tcs in Feb 2010 after servinf 3 + yeras at onsite and they have sent a letter to my india address ...I am really scared ..Please suggest what you guys did ???
I need to respond ASAP ..any help will be of great help


Regards
Suja
 
I got a letter yesterday as well. Its been around 6 months since I left TCS. I did inform my managers beforehand so that there are no issues with the project execution, and also took an exit interview with the HR before leaving. Now I get a letter asking for a collateral of 5 lakhs. My accumulated PF worth around 1.5 lakhs is still withheld by Tata, which I really dont care abt. But, I am no way willing to pay a penny more.Request anyone with previous experience in this regard to advise. Thanks!
 
This is really frustataing

same things happened to me !!! I am totolay pissed at TCS ..and will sewar neever to join such company again ?

Did you do anything abut the notice ..I read all my bond that I had signed and nowhere is the amount of 5 lakhs .....

Did you do anything about it ?Let me know if you did I am freaking out ...

I talkes to lawyer in india and they say that though the case is totaly in my favour and it is unethical on Tata part to send such notice still i should try to negotiate ...

TCS is ready to steal my money and I cant to anything !!!



I got a letter yesterday as well. Its been around 6 months since I left TCS. I did inform my managers beforehand so that there are no issues with the project execution, and also took an exit interview with the HR before leaving. Now I get a letter asking for a collateral of 5 lakhs. My accumulated PF worth around 1.5 lakhs is still withheld by Tata, which I really dont care abt. But, I am no way willing to pay a penny more.Request anyone with previous experience in this regard to advise. Thanks!
 
Hi I am too facing same issues. It will be great if you can provide sugesstions in the lines of negotiation.
Thanks for your time.
 
on what basis do they sue??........did they make you guys sign any contract saying that you cannot leave them or you have to pay such amount if you left them....

i will suggest that you all get together (10-20 people).....and you may find an attorney willing to fight for free....he will file an class action lawsuit.........and since TCS is a big company they have more to fear than you......

to begin with try to get 10-20 people together and just send an email to TCS corporate people saying that you are all willing to fight it out and you are going to file a class action lawsuit.......

do one thing...get the prrof that TCScharges the clinets for resource on B1 for their service...or u can proof of emails that people are working here on B1 visa...

this will shut their mouth...working or charging client on B1 visa is illegal...I have 4 members in my team currently working on B1 ...I took all the proofs for my safe side....
 
Request your help for some information

i had left TCS in USA in 2007 and even though i tried to leave company on good terms and followed all regular process of resignation but still i recd letter from TCS to pay bond amount of 5lacs plus some other small misc amount. I recd several advice from friends and colleague that’s its one sided bond and u don’t have to pay it .. but it was so much bothering to me that i started dialogue with them and negotiated and eventually ended up paying 2 lacs + misc amount. So amount is definitely negotiable and its great mental piece to get clearance from these jerks. Feel free to write me if any of u need further details.

Good luck guys.

Hi,

I am ex-employee of TCS and I left after a long stint of 6 yrs at Onsite. I want to start dialogue with them and get the experience letter for my peave of mind. Pls let me know what is the process to get this going. Should i mail te HR as a starting point ?

Thanks,
Kish
 
hi,
i got the 2nd notice from the lawyer regarding settlement orelse i will be pulled to the court.
not sure what to do, tried to contact few lawyers but invain. im told that i should talk to the lawyers from the state where the case is filed.

btw i looked for TCS bond breaking community in orkut but didnot find any.

ppl here say that there is no bonded labout concept in u.s.a and no company can file a case like that. but case is filed and i dont know what to do.

i quit tcs in 2004 october, because i was verbally abused and though i was working in 4 projects, i was given 2 rating and no recognition for the effort that i put. i mailed to TCS - AIG managers about whats happening in tcs and why im leaving tcs. I clearly mentioned that i was verbally abused by my superior and TCS BRM reply is shown below.

"I have talked to individual you had issues with and have mentored and
warned him about such behavior. Such behavior will definitely be taken
into account while doing that individual's appraisal.

I am indeed deeply sorry about the fact that this happened to you."

i have all the mails that floated before i left tcs.

i also have emails from finance asking me to return the tax returns cheque to tcs. I also got the letter from finance requesting me to submit the tax returns cheque to tcs.

Just wanted to share these with you all and if we decide that we should all fight against this, im in.


please let me know if we can all work together on this.

my email id saikyle@gmail.com

This is just unbelievable. I cant imagine a firm like TCS would resort to such actions. Thanks for the post though, it would help me in future to make clear the separation clause while joining an Indian firm such as TCS (I don't think I will after reading this post). I have worked in several countries in south east Asia for a Singapore based company. In my opinion, some Indian companies, when it comes to separation, take it too personal and feel like the employee has betrayed the company.
Any ways, wish you good luck.
 
There is a suit against TCS pending

"i also have emails from finance asking me to return the tax returns cheque to tcs. I also got the letter from finance requesting me to submit the tax returns cheque to tcs."

There is currently a class action suit against TCS pending regarding this matter and others. If you would like more information on how to participate, please contact me ASAP at mizell@gmail.com
 
Counter suit

You might want to follow roc's advice. If you can prove they broke the law somehow, or you are sure that they did, you can threaten them with a counter suit, which they will want to avoid.
 
The class action lawsuit that has been brought forth on behalf of the deputed employees of TCS has won every motion thus far. If you were deputed to the US by TCS and you want more information about your rights and entitlements, please call 1-800-971-8881 and listen to the recorded message about the claims regarding many TCS employee practices. You will have an opportunity to leave a telephone number at the tone, and someone will call you back and give you the latest updates and answer any questions you might have. All calls are confidential.
 
Hi Sir,
Could you please share you e-mail ID, since I am also planning to quit TCS.

i had left TCS in USA in 2007 and even though i tried to leave company on good terms and followed all regular process of resignation but still i recd letter from TCS to pay bond amount of 5lacs plus some other small misc amount. I recd several advice from friends and colleague that’s its one sided bond and u don’t have to pay it .. but it was so much bothering to me that i started dialogue with them and negotiated and eventually ended up paying 2 lacs + misc amount. So amount is definitely negotiable and its great mental piece to get clearance from these jerks. Feel free to write me if any of u need further details.

Good luck guys.
 
Planning to take legal action

I left TCS about 10 years back while working onsite. The departure was sudden as I was refused holidays and time off after working 9 to 9 on weekdays and on weekends. Request of returning to India for a vacation was totally denied citing example of others who have been disallowed similar requests. I signed a bond for this assignment myself, however after I quit they started sending letters to my home address in India to my parents claiming US $30K, which was way over what they paid me during my tenure. I ignored the whole thing and reassured my parents that I was on right path and they are not liable to anything. The letters used to be addressed to my father, who passed away recently and after many years of silence, recently another letter was delivered to my widowed mother with same claim plus interest. I am a bit irritated with their behavior and wish to take legal action for harassing my parents who had nothing to do with this. Can someone please advise lawyers in India who can help. ritt4392 at yahoo.com
 
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