Improper use of letterhead

asdf (Querist) 11 February 2017 This query is : Resolved
A person was working with a company for few years and had quit in Jan, 16. However he did not get any reliving letter and any experience letter. The person arranges the said documents from the office through his office collegues on company letterhead and gets them signed from his collegue as authorised signatory however does mention in it that he had worked there till May, 16. The employer comes to know about the same and is planning to take legal action against the employee who had quit the job. What are the options available with the employee if the employer files a case against him and the employee accepts his mistake

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J K Agrawal (Expert) 11 February 2017
There is JAIL faiclity in India for these persons.

Kumar Doab (Expert) 11 February 2017
Is it the same query:

http://www.lawyersclubindia.com/forum/Improper-use-of-company-letterhead-146933.asp

Kumar Doab (Expert) 11 February 2017
The difference is"and the employee accepts his mistake"

If employee has accepted the mistake with employer and employer has not filed a case then, it may blacklist in its internal records and/or post adverse comments in BGV and may not file a case.

If employee has accepted the mistake with employer and employer has filed a case, ......................rush to a very able counsel at your location.

Intervention of elders of the family, reputed person, employee's/trade union leaders, community leaders...................anyone/someone may prompt the employer to withdraw the case.

Employee should never indulge in such matters.

Advocate M.Bhadra (Expert) 11 February 2017
Let them to take legal action then defend the case.

Rajendra K Goyal (Expert) 12 February 2017
The company itself should have issued the letter to its ex-employee. Its action for not issuing experience is harassment to the ex-employee.

The document is prepared and signed by an employee of the company. Company may initiate disciplinary proceedings against the said employee (colleague) if he has misused his position. Fault of ex-employee may not be proved.

Any mistake on the letter can be rectified.

If the company proceed against the ex-employee, he should defend on merits and as per forum at which action initiated.

Kumar Doab (Expert) 12 February 2017
The employee is expected to know difference between Jan16 and May16.

The employee should not have mentioned in Resume, employment application also that he worked in last company till May16 if he in fact worked till Jan16.

If employee has accepted the mistake with employer and employer has filed a case, ......................approach a very able counsel at your location.