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Kunal Sharma   24 August 2017

Harresment after quitting job

Respected All, I used to work for US based health care company in Ahmedabad. I have worked in this company for 5 year's and 4 month. I was in to software Sale's to the US clients. I had followed complete resignation process. They asked to serve the notice for 15 days and I did. During my last days I handovered my complete KT, clients information to my VP and HR via email. On my last day my company has taken my exit interview and after that asked me to submit my LinkedIn credentials. I have created this account before joining this company. I denied giving my credentials for the LinkedIn account as it was my personal account however I have given them all the 3000 contacts which I have in my LinkedIn with email and contact number. At that day my HR manager and CEO threatened me that they will file wrong cases on me as they are IT company and they can do anything. Even they denied to give my graduity and last month salary. Now they have started sending me notice via lawyer with all the false claims. I am from middle class family and my father is no more. My CEO sits is USA and threatening me via different sources that he knows all the big political people So I will not be able to do anything. Please suggest and help. Regards, Kunal Sharma


 11 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 August 2017

If they file wrong cases you can face it and reply properly without any afraid. You can take help from labour commissioner at where your  office resided. 

Kumar Doab (FIN)     24 August 2017

Why does company want credentials or password of your personal a/c?

Has it stated the reason, in writing?

Why does the company want to access your personal a/c?

Has it doubted or alleged or mentioned in gentle tone anything say; data theft, breach of secrecy, proprietary rights?

 

You have otherwise been upfront, fair and supplied the list of ALL 3000 contacts as posted by you?

If there is no delinquency/transgression at your end then you can take a call on sharing the credentials/password and decide to share and settle your accounts.

 

Kumar Doab (FIN)     24 August 2017

Asking, saying, telling, told etc are all verbal modes of communication.

Has the establishment or any of its attorneys in HR/Admin/Line Management/Legal cells asked in writing to give the personal a/c LinkedIn credentials?

Has the company lawyer mentioned to supply password or credentials of your personal account and also has stated the reason for supplying it?

Of course it is your personal account and you can decline however is there any other reason?

 

By the way what is this credentials?

Is it personal password to personal account?

Kumar Doab (FIN)     24 August 2017

Have you recorded the calls/meetings during which threats as mentioned by you have been made to you?

Have you lodged any complaint on it to internal escalation matrix in company or with any lawful authority say; police, Dept of Labor officials?

Have you replied to legal notice(s) of the company on your own or thru your LOCAL senior very able senior counsel/law firm of unshakable repute and integrity specializing in labor/service matters and having successful track record?

Kumar Doab (FIN)     24 August 2017

Can anyone view all of the links/contacts at your personal LinkedIn account without password also? If yes; the company can view and relate all 3000 contacts supplied by you.

Hope you have the evidence of having supplied all contacts.

At some websites it might be possible to view contacts (some or full) without password of a/c holder.

Does any of the company’s agreement/appointment letter/HR policy/Rules/policy/service rules/employee handbook etc etc signed and accepted by you or made accessible/available to you, mentions that employee shall have to make the password of the personal accounts available to the company?

 

Do you have copy of such agreement/appointment letter/HR policy/Rules/policy/service rules/employee handbook etc etc?

 

Did the exit interview/forms provide for any such clause to make the password of the personal accounts available to the company?

Do you copies of signed exit interview/forms?

Has the company asked to provide the credentials or password after relieving you?

 

Kumar Doab (FIN)     24 August 2017

Gratuity: You may submit the FormI under proper acknowledgment and mention that ‘Notice of Determination of Gratuity’ and payment has not been supplied to you and you have represented to Mr/Ms……….on dated………by phone/in person/by emails/letters etc (if you have)?

 

Payment of Gratuity Act, 1972; Sec;4(5)

Explains under which circumstances employer can forfeit payment of Gratuity.

You may go thru it at;

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

 

The employer has to issue and supply show cause notice, conduct inquiry and pass speaking order and terminate employee……….

Assuming that you have not indulged in any of the conditions mentioned in the Act, employer cannot forfeit.

Assuming that you have indulged in any of the conditions mentioned in the Act, employer can forfeit, after due procedure.

Assuming that you have indulged in any of the conditions/misconduct and have caused any loss employer can after due procedure adjust in FnF and also proceed to recover.

Last month salary: Employer has to tender wages for all work days.

Kumar Doab (FIN)     24 August 2017

If you wish you may attach the legal notice(s) and your reply, and relevant clauses/rules/exit forms  of the company that lay down that employee has to supply the password of personal account.

You may erase the name, logo etc to maintain confidentiality.

Or you may show all of these to elders of the family, competent and experienced well wishers, seasoned employee's/trade union leaders, higher officials of Dept. of labor, your LOCAL senior very able senior counsel/law firm of unshakable repute and integrity specializing in labor/service matters and having successful track record............

 

You can also yourself make inquiries at LOCAL Labor Court/CGIT, CAT, Civil Courts,High Court and come to very able counsels..........

 


(Guest)

@ Kumar Doab,

If I am not wrong, probably, summarising the advice in a single post may help the querist more than in scattered advice in multiple posts.

 

Kumar Doab (FIN)     24 August 2017

Originally posted by : JIGYASU
@ Kumar Doab,

If I am not wrong, probably, summarising the advice in a single post may help the querist more than in scattered advice in multiple posts.

 

 You are wrong.

Anyone and everyone shall post in the manner as deemed fit, proper and suitable.

This is not any topic for even discussion.


(Guest)
Originally posted by : Kumar Doab

Originally posted by : JIGYASU

@ Kumar Doab,

If I am not wrong, probably, summarising the advice in a single post may help the querist more than in scattered advice in multiple posts.

 


 You are wrong.

Anyone and everyone shall post in the manner as deemed fit, proper and suitable.

This is not any topic for even discussion.

 

I am of the firm opinion, Mr. Jigyasu is NOT wrong. Here, without any doubt, Mr. Kumar Doab is wrong.

 

 

 


(Guest)

Thanks Mr. Dhingra for supporting my views.

 


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