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sanjay pathak (financial analyst)     21 June 2013

False allegation made by employer

Hello Experts,

I am working as an assistant manger cost in a construction company based in kolkata...I have a problem...

As a result of breach of many committment by th management (like- Salary hike, Mediclaim, Contribution to PF account) I resigned the company without serving the notice period. At the time of resignation i was on leave since last 11 days.. The company filed a false complain against me showing criminal breach of trust regarding not proper hands over of jobs responsibility and office property..I didn't hold any office property and when I was gone on leave I was handed over all my Job responsibility..

Sir please guide me Now what can I do if they file a FIR against me..

Thanks in advance 



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     22 June 2013

you have not clearly stated wheterh charges are true or not

Kumar Doab (FIN)     23 June 2013

 

You may affirm that you have already handed over the charge before proceeding on leave and do not possess any company property.

 

As rightly advised by Mr. Sudhir Kumar you can affirm if facts are on your side.

 

Ideally if a company property is assigned to employee an acknowledgment should be obtained from employee and a copy should be handed over to employee.

 

 

 

Your company might have inserted a column in leave application to mention the name of employee who shall attend to the tasks while the applicant employee is on leave. It might be a designated colleague or line manager.

There might be a process to handover e.g. Computer at Workstation, files etc to the designated employee or sat IT guy/Office Administartor.

 

 Thus if an item e.g. some computer is assigned to you in records of the company you need to handover………………if the items assigned are not handed over.

 

 

sanjay pathak (financial analyst)     23 June 2013

Sir,

This charge is fully false becouse I never had any assets of the company against a acknowledged copy signed by me.

sanjay pathak (financial analyst)     23 June 2013

And all assets assigned to me are autometically handed over to myimmediate boss when I was on leave.

Sudhir Kumar, Advocate (Advocate)     23 June 2013

you said "This charge is fully false becouse I never had any assets of the company against a acknowledged copy signed by me." So you had the assetts but did not sign any receipt.


then you said " all assets assigned to me are autometically handed over to myimmediate boss when I was on leave." So you had the assetts.

 

you first decide what is your stand and why other should believe your stand and nothing else.  You can get out of this soup only that way.

 

Charges do not appear to befully false based on the facts being disclosed by you.

sanjay pathak (financial analyst)     23 June 2013

Sir; One office computer was assigned to me but that was without any written acknowledgement from my side...

Sudhir Kumar, Advocate (Advocate)     23 June 2013

what are other items mentioned in FIR.

sanjay pathak (financial analyst)     23 June 2013

They only file a complaint yet...the officer at the police station said that the points are not handed over the job responsibility and some of the office goods..

Sudhir Kumar, Advocate (Advocate)     25 June 2013

you are still vague


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