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Mrinalini   13 June 2018

Notice period waiver of non performing employee

Greetings Experts!! My friend has a small start up. She had recruited a lady as an associate as a work from home, 5 months back. However, in the past month, the Associate has lost interest and has been non compliant. In the past 2 days, she has gone into verbally abusing and taunting the employer. My friend suggested she resign, considering things are clearly not working out. The associate has gone into a rage and vengeful behaviour; and hacked into all her accounts - gaining access to them, making herself the owner, and removing my friend from all social media accounts etc. The associate is saying she will not resign, that the Employer should say she is firing the associate without a notice period. Other than going to the Cops and lodging a complain of cheating and blackmail, how can she address the notice period issue? There was an MoU and that states a notice period of 1 month. However, looking at the associate's disinterest and non performance, the Employer wishes to let go of the associate immediately and gain access to the intellectual property again. Please advise.


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 1 Replies

Siddharth Jain   13 June 2018

MOU needs to perused first in order to render any legal advice.
you can email me the same at isidjain1@gmail.com

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