Advocate letter head notice regarding intellectual proper

You have posted that:

--“These are all baseless allegations and are just done to harras me. My reason of leaving that organization was also harassment.”

If you have indeed handed over the charge and company property under acknowledgment, and if at all any notice/legal notice is supplied at your last address you need to tender a simple reply refuting the allegations, thru your lawyer.You can mention that visiting cards were returned and letter heads were never in your possession{if it is true}.

If you are not staying at the address, the courier/redg. post may not be received with comments ”addressee does not stay at the address”.

--“I have copy of exit form from employer where it is clearly mentioned that i have returned everything back to them and i do not possess any property of that employer.”

You have the option of citing the reference of the exit form. Is it signed by competent authority of the company? Does it bear any seal of the company?

Has the company issued FNF statement, disbursed FNF dues after the date of exit form?

If yes company may not succeed.

--“Now, they also sent a notice (on lawyer's letterhead) to a colleauge of mine informing that he has given letterhead to me. But that notice was not delivered to him as he changed his residence address and informed me that i too would be receiving such notice.”

Your friend can refute the allegations.

You, your friend, other aggrieved employees if any can be witness to each other and issue stern communication to company for defaming, and intimidating with false allegations.

Did you, your friend  had access to the letterheads and authority to sign on the letterhead of the company and if you have never signed on the letterheads and never had any access to letterheads you are within your rights to counter the contentions of the company.

If you have any evidence of harassment at workplace it shall come to your rescue.

If you have any property e.g. Laptop it shall be better to return under acknowledgment.

Valuable advice of learned experts/members is sought.

If you have indeed handed over the charge and company property under acknowledgment, and if at all any notice/legal notice is supplied at your last address you need to tender a simple reply refuting the allegations, thru your lawyer.You can mention that visiting cards were returned and letter heads were never in your possession{if it is true}.

It is true that i was not authorized to use letter heads and was not in possession of letterheads. As i am not it country and i wish not to reply back to them as this letter was not delivered to any person at my house and it was locked. But if you strongly i advice i should reply back i should than hire a lawyer and reply back to it.

I have photocopy of exit form which clearly states that everything issued to me was returned back and it is signed by each department head like IT (phone, laptop, computer headset), Admin(stationary, books, visiting cards, insurance cards, ID card), My immediate supervisor. It also includes sign off that i handed over whatever was required.

This exit form & clearance form is an internal form which has company name on top and titled as "Exit Interview & Clearance form". It does not bear company stamp but as described earlier it is signed by all department heads along with competent authority.

Yes, i did recieved my FNF amount along with statement after 2 months from date of exit form. This organization never issues experience letter to any employee so the only thing i have is accepatance of resignation letter and copy of exit and clearance form. However, i am still waiting for my PF money to be honoured to my account but that process is deliberately delayed by my ex employer and still not honoured to my account.

Did you, your friend  had access to the letterheads and authority to sign on the letterhead of the company and if you have never signed on the letterheads and never had any access to letterheads you are within your rights to counter the contentions of the company.

Yes my friend had access to the letterheads and also authority to sign it. I was never authorized to sign on letterhead and never had access to letterheads.

I really do not want to get into any legality unless you think they might file a case without any evidence in court and court would issue a summon against me to fly back to India and deal with the situation.  I would prefer to ignore this situation if it can be harmless to me.

You should have collected original Exit form or certified copy of it with seal and signature.

However FNF settlement has been done by company without adjusting any amounts and company has taken two month’s time after exit thus company’s claim may not have force. Moreover exit form states that all items mentioned in legal notice of the lawyer have been returned by you.

Work experience certificate/service certificate, relieving letter has to be issued by the company. How can this company be one which never issues it to any employee?

Did you submit PF forms and do you have acknowledgment or POD?

Company is duty bound to submit the PF forms to concerned PF office within 5 days and supply acknowledgment issued by PF office to employee.

You may log onto

www.epfindia.gov.in

If you have acknowledgment or POD with you, you can submit PF forms attested by bank manager to concerned PF office with a covering letter that your company has not attested the PF forms and has not supplied the acknowledgment. The amounts in your PF a/c can be credited in your bank a/c.

If you peruse the complaint company can be penalized.

As no letter/legal notice is delivered so far you may cross the bridge when it comes.

However it shall be appropriate if your parent can show all docs to a local labor consultant/service lawyer and you may proceed under expert advice.