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Anil Kumar Peddaboina (Advocate)     20 January 2015

Management is threatening with dire consequences if i resign

My client is working as a DGM with X Company. The said company is taken over by another Y Company.

Due to some differences my client is unable to adjust with the management of the Y Company.

My client wants to quit, but the management of the Y Company is threatening to implicate my client into criminal cases if he quits.

Please suggest remedy measures 



Learning

 2 Replies

Kumar Doab (FIN)     20 January 2015

First thing First: Record the threats; Audio/Visual/witnesses……..for use at appropriate time in appropriate forum…..ASAP. Such threats can be reported to police and court……………….as an advocate you can guide your client on it properly and in detail.

Why the employee (DGM) is not able to adjust? Record the instances……e.g. rudeness, rowdiness, forced illegalities etc……

Has the employee been party to any illegality due to which employee can be implicated in criminal cases?

The employee should download all docs/evidences as later the company may  block access and may not produce even in court of law.

Is there other group of employees that are also feeling uncomfortable/suffocated and are these employees willing to join hands and be witness to each other?

Resignation does not require permission, notice……

The moment employee has tendered resignation; he/she has ended the employer-employee relationship….

However the employee should tender reasonable notice and affirm to handover the charge/company property………………..and declare that nothing/NO tasks are pending and routine duties be assigned that can be completed on daily basis and to whom he/she should handover the charge within and upto expiry of notice period/last day in office……….

It shall be appropriate to show all docs starting from job advt,job application,interview call letter, selection letter,offer letter,appointment letter, HR policy/Service Rules and regulations/KRA’s/Conduct and Discipline Rules/Employee handbook etc mentioned in appointment letter, awards/reward/appreciations,increments,incentives, circulars of takeover, service conditions after takeover,POA if any given to employee,etc …….to an able Labor Law Consultant/Service matters lawyer/law firm and give inputs in person and proceed further under expert guidance of the lawyer and let the lawyer preferably structure all written representations so as to build irrefutable and favorable written record…….  

If the employee is able to generate irrefutable evidence of threats/coercion the lawyer may advise that notice period etc has lost its sanctity and employer is unworthy of being employed with…….

 

Such evidence shall also provide a handle to employee and further arbitration/negotiation hence resolution without litigation may be possible….   

Anil Kumar Peddaboina (Advocate)     22 January 2015

Thank you sir, for your valuable suggestion


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