Employer threatening with civil and criminal case


Hi.

I joined an IT Org in January, but had to leave because of acute health reasons which made me bound to be at home.

For the same reason i did not resign but asked for 6 months Leave without pay which the employer did not agree with.

At the time of joining, employer made me sign a bond of 1 year and i had to submit a cheque of 2.5 lakhs for the surity that if i leave the organisation, i will pay that amount.

But as i am prepared to join after 6 months( right now it has been 1 month ), i did not resign.

Now employer is threatening me to pay up the amount of 2.5 lakhs and also some added up amount otherwise he will present the cheque and get it bounced so that he can file a criminal case against me.I have already made a stop payment request with the bank.

Also he is threatening me with a civil suite for non continuance of employment and the loss amounted for my absence at work.

I know if he files a suite, i have to fight it legally, but i am not aware about the repurcussions that i will face.

Also i want to know, in case he files civil and criminal sute, will it come to my local police station ? or as a postal notice ? in which way it will come to me ?

 
Reply   
 

there is no need to panic,  if you are given an application for leave on health ground and and you proved that you are medically unfit. these things are required to reply to your employer

1) application of leave 2) medical certificate from the doctor

your employer first send you a postal notice. and it is a civil suit but don't worrey  

 
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FIN

Leaned Mr.Tripathi has given valuable suggestions. Please follow the advice.

It is believed that you have with you in your record:

-the examination report/Prescripttion/lab reports, scan/x -ray reports, bed rest advised by the doctor for the entire period of your leave, medical bills of the medicines taken by you etc and the doctor who has treated you is medically qualified/specialist to treat the medical disorder you are suffering from.

-Leave application/s submitted by you to the company and its acknowledgment of receipt.

-Date, time ,phone number with STD code from which the call was made, and your phone number at which call was received.

If you are stressed and have psychosomatic symptoms tension/depression...due to ongoing circumstances, of your sickness, being bedridden, threats by the employer (name of employee, designation???), you should consult your doctor, and psychiatrist for complete treatment.

You should also send a gentle representation in consultation with elders in the family/experienced and competent people known to you/lawyer or law firm, to your appointing authority/MD/Company Secretary, and explain all the events in chronological order, date wise, and mention specifically that you had applied for medical leave, and requested that it may be sanctioned even without pay, and you are instead being issued threats by Mr/Ms...........that civil and criminal cases shall be filed against you as per orders of the highest management for no fault at your end, and no leave shall be sanctioned. And that a cheque bounce case shall be filed against you. You can ask them that they can get you examined by a specialist at your residence at their cost and consequences.

If you are medically unfit to join the duty, duly certified by a specialist, company can not sue you but of course can decide to terminate the employment/find your replacement.

Company also know the trends in the industry, and is probably seeing it as an attempt to wriggle out of bond.

Be straight forward and if asked produce record of your sickness.

If still the company decides to sue you, you shall need the services of a competent lawyer.

 
Reply   
 
LEGAL COUNSEL

Write a complaint to the labour commissioner concerned setting out the facts, including medical certificate.
 
Reply   
 

DEAR Mr. VASUDEVAN this is not a labour issue so labour commissioner does not involve here

Kumar Doab is throughly explained my view

 
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LEGAL COUNSEL

Dear Mr. Tripathi,

I have gone to the route of the issue viz. the termination itself is void, when one has given an application for leave with loss of pay based on medical certificate. Such issues would be simpler to be redressed by approaching the labour commissioner under the Shops & Establishment. In my views this would be a quicker and efficacious remedy.

Vasudevan

 
Reply   
 
FIN

Dear Rasmi Ranjan,

You are preturbed by the conduct of your employer which includes not agreeing to grant medical leave, without pay, threats to non continuance of employment, cheque bounce and criminal cases.

learned Mr. Tripathi and Mr. Vasudevan have explained the matter in detail. It is believed that the company has not terminated you but is issuing threats while you have represented that you are medically unfit.

You should not panic.You should have complete records as suggested.

Submit a complaint to the local office of the labour commissioner mentioning all events in detail including medical certificate. You can approach your local service lawyer/law firm for your help and advice.

 
Reply   
 
FIN

You can take the help of elders in the family,competent and experienced people known to you, or your lawyer/law frim.

Representation to the labour comissioner is simple process, and you can do it on your own or thru your labour consultant/lawyer/law firm.

 
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