anil yadav 02 May 2025

Company files a false complaint

I work in a company which work in real estate brokerage,past 1.5 year se m is company me job krte hue hu kafi ache projects sell kiye,lekin abhi ekdum se jb mujhe un projects ka incentive milna tha tb company me mere se upr k level k leaders ne mere sare sath mujhe preshan Krna start kr diya jis vjh se meri un se kaha suni bhi hui,wo log senior level pr h jis kaaran unke khne se company ne mujhe without any 1 month notice k company se terminate kr diya and us me mujhe hi galat btate hue terminate kiya,us time company ka laptop mere pass tha jo ki wo us time wapus maang rhe the lekin maine ye bola ki mere is month ki salary and incentives de dijiye aur m laptop de dunga ,lekin company ne mere khilaf police me complaint ki h ki laptop nhi de rhi h and aur jo false allegations lga skte the ki maine company ka data leak kiya and unki policy nhi maani ye sab us complaint me likha

Plz sir btaiye ab mujhe kya Krna chahiye

Kyoki wo mere pure month ki salary and 5 lakh approx incentive company k pass h

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2 Replies

R.K Nanda (Advocate) 03 May 2025

Return laptop to company and ask company to withdraw it's police complaint.

Send legal notice to company to pay your salary and incentives of 5 lacs failing which you can file writ petition of MANDAMUS in high court against company.

Vishesh K Sapra (Advocate Supreme Court (888-215-3399)) 05 May 2025

Hi, I did a similar case previously, under Indian labor laws, terminating an employee without adhering to the stipulated notice period is generally considered unlawful unless the termination is due to proven misconduct. For instance, the Delhi Shops and Establishments Act, 1954 mandates that employees who have completed at least three months of continuous service must be given a minimum of 30 days’ notice or payment in lieu thereof .

In your case, being terminated without notice after 1.5 years of service, especially when incentives were due, raises concerns of wrongful termination. Furthermore, if the company filed a police complaint alleging non-return of a laptop and data theft without substantial evidence, this could be construed as defamation and malicious prosecution. Indian Penal Code Sections 499 and 500 address defamation, while Section 211 pertains to false charges intended to harm .

You have the right to:
• Challenge the termination by filing a complaint with the labor commissioner or appropriate labor court.
• Seek compensation for unpaid salary and incentives.
• File a counter-complaint for defamation and malicious prosecution if the allegations are baseless.
• Apply for anticipatory bail if there’s a risk of arrest due to the false complaint.

It’s crucial to gather all relevant documents, such as employment contracts, communication records, and any evidence disproving the company’s claims. Consulting with a legal professional will provide guidance tailored to your specific situation.

For further assistance on this matter, please feel free to contact me at adv.vishesh@icloud.com.