Company harresment
aditya
(Querist) 21 June 2014
This query is : Resolved
My name is Aditya, I was working in a MNC from 2010 in Noida as a consultant BD. Due to my BD profile I was on tour maximum times due to which my tour expenses was nearly 10 to 15 thousand on a monthly basis, but my company use to hold reimbursement for six to seven months on a regular basis.
I am working in a company who’s getting business from my relative which is nearly 1.5 Lac a month, but recently my MD called me and forced me to talk to my relative and try to increase the business from him. I tried, but somehow it never worked out. Due to which my MD started torturing me. In this response company holds my salary of May by falsely putting allegation on me that you have done positive for the company business. When I asked for my salary he stated that he doesn’t know there must be some problem with the bank. I confirmed from the bank and was cleared to me that my salary was not transferred from the office. Then I decided to quit the company as this was not at all genuine which was going against me. So I resigned the company on 9 June 2014.I handed over all the things SIM card, mail id, id card to the VP of the company on the same day. The VP forced me not to do this, but as I was tortured by my MD on a daily basis so I decided to quit. I asked the finance department for me my salary so they replied it will be done in the F & F. Then I asked them that I have resigned in 9 and the salary for may was to be transferred on 1 then why my salary is held for this they didn’t reply.
After this, on 10, 11 & 12 June I got a call from my finance department to come and again join the company but I denied. Then, as my salary was held and my financial condition was not strong so I mailed the company HR and VP for my salary and reimbursement. But they didn’t reply, I again floated a mile in 13 ,14,15 but still they didn’t reply.
Then 0n 20 June I got a notice through registered post by the company stating the given below allegation
1. As per our discussion on 9 June you leaked some confidential Data of the company to someone which you accepted in the office, which is against the company rule as per the NDA signed by you. After this discussion you resigned the company.
2. You threatened company HR and finance department that not to take any action against me otherwise face the consequences.
3. You have sms the company MD stating to not to take any action or be ready to face the consequences.
4. You have not submitted the belongings of the company after resigning from your post.
5. Further response to our notice in 3 working days that why company should not take any legal action against you failing which we will proceed to take a criminal action against you.
Point 1 allegation put by company is false they never talked about me regarding any such case, MD only scolded me for the business which i was not bringing from my relative. The MD was blackmailing me for this business. Secondly our company is a ISO certified IT company no employee can open any website like gmail,yahoo or any other site through which any document can be sahred out of the company through any means.Furter our company office premises is 24 X 7 on surveillance even inside where we use to sit on our seats. Thirdly no pen drive or any external device can be used in our system as it is secured by software.
Point 2 allegation i never called HR or anyone in the office from the day i resigned the company but i was continuously been called by the company.
Point 3 allegation i never sms to anyone even MD of the company.
Point 4 allegation on the same day when i resigned the company i handed over all the documents to the VP.
In this case what can i don as i am the sufferer whose been harassed by the company MD .He hold my salary my reimbursement which is nearly 60 thousand. And now he is again torturing me by framing false allegation but threatening me to file a criminal case against me.
Please suggest what to do.
ajay sethi
(Expert) 21 June 2014
contact a local lawyer . reply to notice in detail . for recovery of your salary dues file winding up petition against the company
aditya
(Querist) 21 June 2014
can company bound me for any NDA after resigning.And what are the charges which i can file against company.
aditya
(Querist) 21 June 2014
As MD tortured me for the business by unfair means this cannot be complaint in the court and under which law
Devajyoti Barman
(Expert) 21 June 2014
you are atul and your name is shown as aditya.
aditya
(Querist) 22 June 2014
@ devajyoti sir now you can suggest
Kumar Doab
(Expert) 22 June 2014
>>> If the company was not paying reimbursements then there was no point in working with it.
YOU have erred there.
Is it stated in writing that tour expenses shall be reimbursed by which date?
Do you have acknowledgment of having submitted tour bills?
>>> You should certainly approach a competent and experienced labor consultant/service lawyer and submit a fitting reply to the notice from employer.
If you don’t employer may claim it as deemed acceptance by you.
The legal notice is issued apparently so that you give up efforts to collect payment of earned wages and reimbursements and employer can claim that your claim is time barred after 3years.
Do you have any evidence or proof of submission of company’s property to VP?
Have you narrated the submission to VP in any of your emails?
If yes has the VP denied it?
Can’t you obtain acceptance from VP for having received company property (itemwise) even on recorded telephonic conversation or in meeting?
>>> You seem to have some handle on employer as he is getting a fat business from your relative.
Is your relative willing to help you?
>>> Are the premises of the company under CCTV surveillance with audio where meeting with you was held? If yes demand CCTV footage with audio to substantiate the charges leveled against you and obtain court order so that CCTV footage is not destroyed.
>>> What is this MNC /establishment registered as: Commercial, Industrial, Small Enterprise?
It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You have to find out on your own.
How many employees are employed in it?
Did the company issue offer letter/appointment letter to you?
Do you have copy of the NDA?
What is your designation and nature of duties?
Has your service been confirmed in writing?
Was your salary above Rs.18000/pm…………………..here relate break up of salary with def. of wages as in Payment of Wages Act!
Did you resign with immediate effect or tendered notice of resignation? Do you have proper acknowledgment of notice of resignation?
Redg. office of the company is in which state?
You are resident of which location and does the company have an office at your location of residence?
Has the company stated the location of jurisdiction of courts in appointment letter issued to you? Is this location Noida or is it place of your residence?
For how many months you have worked with this company?
Are you a member of any employee’s unions /Trade Unions?
This information shall help you, hence post it.
Don’t worry too much and as rightly advised by experts approach a Labor Consultant/Service lawyer AS AP with all docs on record.
malipeddi jaggarao
(Expert) 23 June 2014
As your are assigned Business Development work, if your MD asks more business through your links, there is no breach of law.
As regards allegations made by the company against you, if they are false, you can engage a local lawyer and give point-wise replies and also demand the pending payments. If no response you can file a civil case for recovery of salary, but it will take its own time, you may have to spend more than the dues. Hence, try for reconciliation after serving the lawyer's reply. Recover whatever is possible and ask them to withdraw false allegations. Both the company can sign a MOU to this effect - settlement of dues and withdrawal of allegations and close the matter.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
I go with the views of expert Mr. Malipeddi Jagga Rao o the subject issue. Since the query has been advised better, nothing more to add.
