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MK (gm)     28 September 2012

Harassment from an ex-employer

If an employee puts up a resignation due to health issues as a result of  high level of anxiety and stress at the work place and then instead of relieving him in peace the company puts allegations that he was a spy and he has deliberately done harm to the company and that the company will now take legal actions and put claims in crores of rupees and actually sends the legal notice  then in this case what should an employee do.
 There was no contract signed.



Learning

 3 Replies

Kumar Doab (FIN)     28 September 2012

Kindly approach a competent and experienced service lawyer and show all documents e.g. appointment letter, Rx of the doctor, legal notice, service rule book, standing orders etc and give inputs in person.

In consultation with your lawyer you may decide your strategy.

You may submit a fitting reply to the legal notice.

You may collect all incidences and evidences to establish what you have quoted.

Designation alone does not decide employee is a workman or not.

Apparently you have touched the ego or raw nerve and now company has become adamant and recalciterant and announced that we will see you.The notice seems to be  to step upon the toes of employee.

Charges are easy to level but may be difficult to prove.Companies feel that employee shall not be able to pull the employers/directors/MD/Chairman out of cozyness of their offices,in person to courts and their legal cell, lawyer shall represent.

Your lawyer may suggest that you are being defamed.

Defend yourself.

Gopikrishna Kalyanam (Lawyer)     28 September 2012

Dear MK,

Greetings. I also suggest you engage a lawyer. However, it would be good to think of filing a criminal complaint against the ex-employer. At times, the best defense is to take an offensive stand.

Best Wishes

MK (gm)     24 December 2013

Can a pvt or public company influence Income tax department.

Why this question is because a friend of mine mentioned as above had resigned and moved out of india. the year during which he worked in india with this company they deducted tax but never gave any payslips.
And recently he got a letter from IT department to give an explanation as to why returns where not filed in that one year.


what should he answer to the IT dept because he even does not know whether that company has paid his tax money to the government.

 

please advise.


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