Rishi (N/A) 06 June 2012

Company is threating for legal action

Dear Sir/Madam,

I am Rishi, presently working in a company in Jaipur since last six
months. I had submitted resignation to the company on 29th May,
serving a notice of 1 month.

Now my company has given me a notice today to take a legal action on
the following matter:

1. I have company's outstanding advance of INR 4050 & they say I have
not submitted them any bill for that till date. (I take the advance
for company's work).
2. I have company's mobile & sim (which needs to be submitted after
resignation. (But the company has not yet given me any written
confirmation of resignation).
3. The company has invested INR 80,000 on you by sending you china for
training & development & paid you wages of INR 3Lac & other
departmental expenses. (I have no any bond with the company & neither
the company has signed any bond during my tour to china. I had
developed several product for the company also which will earn a lot
of business.)

Please suggest what should be my answer to the company. The company
has given this notice to me on the company's letter head, should I
answer them on any legal adviser's letter pad or should I write my
answer and submit them.

Also should I take any legal action against them? They have not yet
paid me the salary of May. Please suggest. I will need your help on
this.

Also will my next company be having any objection on this if this
company files any case against me. Please help me.

Yours sincerely,

Rishi Kumar

Reply Follow

2 Replies

Adv. Gurchal (Practicing Advocate) 06 June 2012

Dear, Rishi

your problem is not so much critical,

1) you have resigned with 1 month notification and after seeing next issues i.e. outstanding advance (4050) you should had to submit that bill but you failed to do, but now u can update ur resign with supplemental documents ( in that you should submit the all these documents like bill, co's id card, mobile, sim, etc..) once co. accepted these docs and equi.'s this becomes strong proof of acceptance of ur resign.

2) the co. spended INR 80,000 (china ) on you for their work and you also done it with all terms and cond. and co. recovered these amount by product you have developed for co.

3) Listen Rishi this is really not any serious problem, these all are the tricks by the co. to you that you should not resign from them.

Because when co. needed any person to stay with them they always uses these tricks which threatens the employee to not to resign.

4) i Also have used these ways for My co. when i was working for Bajaj fin. As a Legal Assistant , But now i am independant Lawyer thats why i am telling you this all things.

so go ahead what do you want and just finish your procedure with legal aspect as i told you.

Kumar Doab (FIN) 07 June 2012

Mr.Gurchal has given valuable advice.Kindly follow it.The employee should submit a comprehensive notice of resignation with effective date of resignation/last day in office clearly mentioned in it, and should seek advice on to whom the charge and company property should be handed over.The employee should mention that the acknowledgment and acceptance of notice should be supplied immediately and acceptance of resignation, settlement and payment of dues,NOC/NDC,Form 16,work experience/service certificate,relieving letter,FNF statement be supplied to him by the last day in office.

Company should issue and supply instructions upon receipt of notice to employee.

In the absence of any service agreement/bond company must not ask to tender the expenses inoccurred on your tour to china for company work.You may highlight the meritorious services you have rendered,revenues you have genertaed, products you have developed and current benefits company has accrued from your efforts,and future benefits company shall reap from your services.You may deny that you had any arrangement to pay the expenses for China visit for company work.

Company can adjust imprestted cah in FNF statement. You have resigned on 29th May i.e. 8 days back and you may submit the bills.

You may give point wise reply to company and mention that you were awaiting intructions for handing over the company property and imprestted cash.You may obtain acknolwedgment of company property.You may either pay imprestted cash by cheque under acknowledgment or request to adjust it in FNF statement.You must demand your dues9 mention details) from company.

It shall be appropriate to show all records to a competent and experienced lawyer and submit a carefully structured reply.