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Nishit Dave (Financial Analyst)     24 June 2010

Harrassment by Employer (Replies from Kolkata lawyers)

Respected Sir / Madam,

My name is Nish*t Dave and I wanted to discuss something important about my employer regarding a specific event which took place on 21/06/2010.

I joined a BPO by the name of Kavish Technosoft based at Sector 5 as a Lead Analyst on 9th June 2010. I was referred in the company by a colleague of mine from previous company. Since he was appointed as a system administrator, the employer provided him with a laptop and shared confidential information with him like server passwords etc. My friend is absconding since 21/06/2010 and the last time I spoke with him was on 21/06/2010 at 11:30 in the morning when he asked me not to go the office apparantenly he did not divulge any reason for that. It sounded to me more like a warning than a request.

Since then I am facing nightmares from my employer. They smell some foul play since we both knew each other from the previous company. When I visited the office on Tuesday, I was questioned end number of times about his whereabouts and no matter how much I tried explaining them that I was not aware of his existence and that I was also sailing in the same boat like them; they just were not ready to accept my explanation. Sumit's mother and my mom happens to be old school friends but we are not friends, we just know each other through work. Due to their ongoing harassment, I had to resign from the company on 23/06/2010. My boss called me the same evening and informed me that the DG of LalBazar police station (Kolkata) was sitting right in front of him and if I am not speaking the truth then they will take legal actions against Sumit and it may lead to Police investigation and that it may also lead to unnecessary harassment to my family and me. This part was unclear to me as what he actually meant? Was it a normal question-clarification session or beyond that.

Note - While working for my boss, I came to know that they acquired the ISO license in less than 3 months when the actual time to acquire a license requires 6 months or more. Secondly all microsoft and linux based operating systems installed on their computers are pirated. Are they not liable to face charges for using pirated versions of softwares?

I just need to know how can my employer held me liable for something I did not commit or do? Do I need to pay a big prize to know a colleague in a working enviroment? I am surviving with my ailing mom and elder brother and I belong to a descent gujrati family. Police have never stepped at my door for any reason. Why am I being forced to answer something which I don't know myself? Just because my mother was Sumit's mother school friend, does she needs to go through such harassment? I just need help or advice as to what should I do or how do I handle this situation?


 5 Replies

P.L. Malik (Advocate)     24 June 2010

Hi Nish*t, having read through your problem, my opening comments you will have to be more clear as to what is the loss faced by the company with the exit of your friend what did he carry with him.

your second contention is different issue whether time taken for ISO was less than 6 months or usage of pirated softwares by the company.

Infact, you can also take up the matter separately with the Police informing him giving them the details and harassment being faced by you from your employer.

Nishit Dave (Financial Analyst)     24 June 2010

Respected Mr. Mallick,

My friend took a lenevo laptop and has some confidential information about the company like system passwords and server passwords. Without this information, the company cannot operate their business. Moreover, this was wrong move on my friends part, he should have surrendered the company stuff before moving out. During my resignation, I also stated to my employer if they needed any assistance, I would gladly assist them but I never knew they will start calling me random ly and even ask me to respond to them whenever they call.

Now that I have left the company, in which legal ways I am liable to the company? Can they place charge on me just because I know this person through work? What preparation I should take as I don't see myself to be a part of this plot?

P.L. Malik (Advocate)     24 June 2010

Hi Nish*t, the first thing I would suggest is that the next time, you receive a call from your previous employer, tell him that you are also filing a police complaint against them for threats, and mental harassment, and loss of job on the superficial grounds taken by your employer,

Infact, I would suggest you to get the legal notice sent to your employers.

Nishit Dave (Financial Analyst)     24 June 2010

I don't mind filing a police complaint but will this affect me from going out of town in need of a better work opportunity. I wanted to keep legal battle as the last resort. I am just too confused now.

Nishit Dave (Financial Analyst)     24 June 2010

And how do I send them a legal notice? Do I need to file a FIR and then send them a legal notice.

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