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Harsh Jain   02 February 2016

Ex Employer Threatening to Complain to My Current Employer

I have resigned from my previous company by serving complete notice period. At the time FnF I came to know that they are not paying Ex gratia so I wrote on the FnF form that I have not received my Ex gratia. After this the HR manager called me and said that you need to remove this line else we will not process your FnF. I recorded the call and forwarded to Labour Commissioner because the HR manager was replying to mail. after this they refuse to pay me anything. Then I came to know that there were some more employees who did not receive the Ex gratia so I created a group on Facebook named as "Ex gratia victims" to gather all such ex employees but I did not use company's name. Now I got a letter (without any letter no. that means it was no where recorded in their record that they have sent me such letter) from the HR manager threatening me that they will contact my current employer and inform them about previous instances of misconduct, unprofessional behaviour, low performance and negative attitude. these all are false. if I had done any of these during my employment, they should have issued me any warning letter or terminated me which they didn't. they don't have any supporting documents for these. If they do this can I sue them ? if yes then whome should I contact ? I have already given a written complaint to the Ast. Labour Comm. for my FnF.


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 3 Replies

varun (OFFICER)     02 February 2016

Don't get panic take confidence your existing boss and HR Manager in confidence and tell them the non-payment and backmailing of ex-employher.  You can if you like you can send the legal notice to your ex-employer.

 

narinder shukla (practice)     02 February 2016

do not worry over this issue because if you had done any thing wrong during your employment , they should have to give show cause / warning letter to you . since you have already given a written complaint to the concernd labour commissioner . so wait and watch ....

Advocate dr. Narinder Shukla

Kumar Doab (FIN)     02 February 2016

As per you not stinker,Show cause notice etc was ever issued.

 

This is clear case of vindication, malice,malafide,threatening,coercion,blackmail,fraud,discriminatry retaliation..................................

 

You may escalate to good offices of appointing authority,MD,Chairman and attach all recording/letters.

 

You can seek support and help from employee's/trade unions and consult an able counsel specialzing in labor-service matters.

YOu can escalate to higher officials of Dept. of labor.

 

Your counsel may opine civil suit for damages and criminal case also be filed.

 

 

 

 


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