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Priti Acharya (lawyer)     09 June 2015

My boss not paying salary & threw me out of company in a day

Dear Sir, 

I was appointed in a Pune based local software company as Vice President Sales & Business development around 8 months back (Oct 2014). During my tenure I was responsible for overall sales and sales operations, overall growth, define sales cycle, go to market strategy, designed service lines, new website and content, digital marketing, branding, advertising, streamlining IT services, started inside sales team, lead generation, and email campaigns. Company was badly in shape and needed quite more time to gain existence, recognition and starts generating revenue. I had a very limited resource and tight budget to execute activities; even though I was able to manage decent number of opportunities every month. It was unfortunate that none of the opportunities were able to convert into sales (revenue) due to many associated reasons. He stopped communication with me for last two months (March, April, & May) and asked me to report to CTO. Even for my marriage leave I was asked to talk to CTO for an approval. I am still on probation; he never confirm my employment.  

On 24th May 2015 Sunday, my boss called me to office for a quick meeting in the morning at 10 a.m. I thought it was a normal business discussion call but it was so unfortunate day for me. He started behaving so weird. He was predetermined about throwing me out of the company with any reasons. He started raising issues related to work, sales, my duties – he told me he hired me only to do cold calling only! He created heavy tensed environment and pushed it so hard and asked me to leave saying “He can’t stand me an eye to eye” I walked off from office. 

Very next day on 25th May 2015 Monday morning, I was not able to access my official email ID and I found out that my email was blocked as per the instruction from my CTO. I sent an email from my personal gmail ID to my systems admin keeping my boss and CTO in CC requesting to grant me an access to my official email. By now it was clear that my boss had made up his mind and he doesn’t want me in that office. I sent an email requesting to confirm him pay me my currant month salary and money as per one month notice so I could resign instead he terminates me! 
I received unsatisfactory answer and I went to office as per my regular working hour but I was denied entry. I went straight to my boss’s cabin to discuss what the matter is! He called for a security to chase me out of office, but I defended my self-saying, I haven’t resigned yet and I am still an employee of the company. He pushed it hard and in return I had to dial 100 and ask for a police help. When he saw I dialed 100 then he asked me to stop and called me in his cabin. He lied by saying that, he will do my payment in 2 days’ time and asked me to submit all company assets like ID card, accessories, visiting cards, other documents. I did exactly the same upon trusting in his words. 

Even after one week he never responded to my email or calls. Exactly after 11 days he replied sending some unexpected calculations indicating he will not pay me a single paisa. He doesn’t want to pay me for the month of May either forget about June as part of notice period. Also he threatened me saying If I go legal than, he’ll black list my profile in NASCOM and make sure nobody else hires me in India. Can he really throw me out of the company without giving me a time of one month notice period or my salary? My appointment letter has clearly mentioned about giving one months written notice by either party is must. I have not resigned nor I received any written intimation about my termination from my boss. 

Please tell me what do I do? Can I file a legal case against him? What are the chances I get my salary? 

Shah



Learning

 3 Replies

Kumar Doab (FIN)     09 June 2015

 

You have posted that:

 

----“Also he threatened me saying If I go legal than, he’ll black list my profile in NASCOM and make sure nobody else hires me in India. Can he really throw me out of the company without giving me a time of one month notice period or my salary?”

 

NO.

Few things that you must have done/do ASAP is record the threats (audio/visual/unshakeable witnesses/minutes) etc. This good for nothing Boss was frightened when you dialed 100. His threats are hollow………………… but are threats.

 

The grace has already left from the day he/she (Boss) misbehaved.

Now he/she is just an opposite party/opponent……………….and to be treated like OP only that too with precision.

 

 

Have you created your profile at NSR of NASSCHOM?

Did you share the PIN?

Is the dialed number 100 still in your list of dialed numbers? Submit a written complaint to police. He /she have found some solace that no criminal complaint is slapped on him/her although his/her conduct is criminal offence.

 

Have you minuted his/her statements and actions/threats and that he/she did not allow you to attend office/work and misbehaved/threatened and you had to call police and he/she asked you not to attend office w.e.f . dated………………..and remain at home and pledged to………………(narrate). Transfer the burden  of every thing on him/her and highlight his miserable condition and of his company when you joined and frugal resources provided and still your achievements.

 

----“ What are the chances I get my salary?”

 

Full chances. You may even succeed to claim damages. 

 

You may approach female employee’s unions/IT-ITeS employee’s unions/Trade unions like CITU/INTUC/AITUC/BMS………………..and draft your representations in consultation……………and preferably thru an able Labor Law Consultant/Service Matters Lawyer/Law Firm…………….and your counsel may opine that you can approach Inspector appointed under Bombay Shops and Commercial Establishments Act/Payment of Wages Act, O/o Labor Commissioner……………….file complaint u/s 406,420…………………and file winding up petition…………………

Kumar Doab (FIN)     09 June 2015

The query is also posted at:

https://www.lawyersclubindia.com/experts/My-boss-not-paying-salary-and-threw-me-out-of-company-in-a-day-541301.asp

pawankumar   10 June 2015

Hello,

I worked with a BPO 9 Month. 6 months ago my

salary increment will due over company. when i asked for the same, boss says that they will not pay. In that condition i asked him for my resignation. By the mutual consent of both parties, i have resigned to the company and completed all the company resignation formalities.

He told me that i will get my last month salary after completing all the formalities.

I am keep on sending mails/calling the HR team but no one is replying anything. Its more than 6 months now. 

Now I am not working with that company and done with all the exit formalities still my salary is not paid. Could you please advise what to do now to get my hard earned money?

Please informe me by Call / Mail

+91-9166149591

 

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