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saibaba   13 September 2017

Legal notice on ex-employee

I need your suggestion on this what need to be done now. One of my friend joined his third company with change in experience certificate from 1 to 2.4yr of first company. Now first company has sent him legal notice for changing of experience certificate.

what he has to do now, he felt that first company is small and it wont be that effect and he thought to manage if things go wrong.

Before sending legal notice to him first company informed him on this via call and after that there are not picking up call or replying to his messages to settle up.

Please can you help how to solve this problem.



Learning

 6 Replies

SANTOSH GANGUL (lawyer)     13 September 2017

IF Your friend really did something wrong, then he has to handle this problem carefully. And, If not then send reply notice to company explaining no wrong was done. As the company already informed your friend about this dispute on phone, I think they will reay to settle dispute before filing suit against your friend. All your friend has to do is callback his company or meet them personally discuss with them if possible compromise agreement shall prepared by both of them. Aftert all if your friiend doesn't wants to settle issue then he has to be ready for further consequences.

saibaba   14 September 2017

Thanks for your reply.

he got the message from company stating that "Please send me your present address we got legal notice back which we sent to local address which are in records". Now he shifted his location.

1) should he give his updated present rented house address?

2) HR is not replying to his call. what should be done.

3)  In Present company still didnot confirmed  him, he his on contract base for two more months, then there are going to confirm him.

4) Now he explain the senario to his HR, Now again there are proceding with original experience certificate (1yrs) once again for background check. Is it this correct ?

5) what we can expect in that legal notice ? If there demands for money, what will be that amount ? Any Guess ? His package is like 2laks per annum at that time.

 

 

 

SANTOSH GANGUL (lawyer)     14 September 2017

Don't give updated address. Let Company call him for details and aproach him fo settlement.IF new company also made agreement with your friend regarding new job without notice they cannot remove him  as procedure for recruitment is already done. they can remove him after laps of contractual period. The only solution after laps of contractual period your friend should be apply for new company with fair documents and information don't do any false documents or information. If they are going to confirm then tell there hr about real fact let him deside show him your honesty. If your work has quality and your honest. Then he will definitely confirm your friend. Best of luck for better future. 

saibaba   15 September 2017

Thanks for our suggestions.

What need to be done in case if there not picking of his call or messages for settlement ?

What will be the impact if my friend wait for long time for there reply ? Because legal notice will be valid for only 15days within that we need to respond to it right ?

Please tell me your suggestion.

SANTOSH GANGUL (lawyer)     15 September 2017

let them do whatever. your friend as already doing much so need of any further act till there response.

 

saibaba   20 September 2017

thank you santosh.


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