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VENKAT (engineer)     18 September 2014

Ex-employer abusing and harassing

Dear Experts,

I need your guidance in taking my case forward.

 

I worked for a Mumbai based private limited company between 2011-2013 in the middle management level. I submitted my resignation to the CEO of the company and he accepted on the same day. Despite having signed an agreement of 3 months notice, company asked me to go in 5 days. When I talked to HR about the notice period and other settlement formalities, I was told that all of them will be settled at the end of 90 days post my last working day. All the responsibilities where handed over to the person identified by the CEO and I moved out on the day mentioned by the CEO. I even sent a thank you email to CEO and he wished best of luck to me on my last working day. As per their policy they don't provide any letter in their letter head on the last working day of an employee stating that he/she is being relieved from duty on the given date.

 

I waited for 3 months post my resignation and then reached out to the HR department. I was given lot of excuses that the file is yet to processed, file is with management etc. Later on I was asked to reach out the CEO of the company to claim the FnF settlement and the other formalities. From that time onwards the CEO's behaviour has changed drastically. He started abusing me on emails every time I wrote to him for pending dues. He has even gone to an extent and said that he would not complete the formalities as I didn't meet him before my last working day. I tried to explain that he was not available in Mumbai and returned back only the day after my last working day.

 

In this tussle, I had to spend 8  months without any job and managed my family expenses by pledging all the savings and took loans from Credit card, LIC and even from close relatives. Life was hell during that time. Meanwhile some how I managed to secure a job with a MNC and I explained them clearly that my previous employer is not issuing relieving letter despite my resignation was accepted by the CEO of the company. My new employer tried to get my employment details verified with my previous employer and surprisingly they didn't even respond. I had a discussion with my new employer and submitted all the valid proofs I had to prove my employment with them like Salary slips, bank statements, increment letters, Form-16 etc.

 

During this time, my ex-employer blackmailed me that I should come back and complete the documentation work to get back my dues and formalities completed. The communication was sent by a low level staff with no one from the management side included in CC of that email. I explained them that whatever I could complete within 5 days were already done. I also explained that I joined another company by then and I can't involve in any such actions without their approval. Post that they didn't respond back.

 

I reached out to them again after 3-4 months and as usual I was routed to the CEO. CEO again abused me and asked me not to disturb for two years by asking dues; only then he may settle it.

 

The company did file a complaint against me with all kind of false allegations and I did go to the station and given the statement claiming my innocence. Later on I came to know that they have even sent a similar notice to my current employer with false allegations. Though my current employer refuted all their claims as false, I am now under pressure to prove my innocence through court of law.

 

Sorry for writing such lengthy stuff here.. 

 

My confusion here is:

  • Since it all started from my employment, so I should reach out to Labour court?
  • Also I was abused N number of times and they are stalking me continously, should I file a harassment case?
  • Also, they are trying to tarnish my name with my current employer with an intent to destroy my livelihood, should I file a defamation case against them?

 

 I need your advice on this. I want to lead a peaceful life. I have lost everything already in the life and literally on the edge of my life.

 

Thanks & Regards,



Learning

 5 Replies

Hardeep (Business)     18 September 2014

1) middle management level disputes are not handled in labour courts,afaik.

 

2) if you have evidences of all you say various civil suits lie. Approach a civil lawyer

Kumar Doab (FIN)     18 September 2014

You submitted notice of resignation or resignation with immediate effect?

If you submitted notice then acceptance before expiry of notice period may be illegal……………………………..If you accept company shall have to tender notice pay.

The internal and private policies of the establishment/employer  can not supersede Laws/enactments/statues applicable to the establishment.

The employer has asked you to come after 2Y so that he can claim that your claim is barred by time after 3Y.

Obtain the copy of notice from your current employer.

A similar query is discussed at following thread:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=108857&offset=2#.VBrSkJSSwb8

You may pick up relevant points.

Designation alone does not decide a person shall be covered as 'Workman' as in ID Act and 'Employee' as in (Name of the state) Shops and Commercial Establishments Act or not!

 

Approach an able Labor Law Consultant/Service Lawyer AS AP with copies of all docs on record and proceed under expert advice of your lawyer..............................understand the merits and remedies.

VENKAT (engineer)     19 September 2014

Thanks Mr Hardeep. Thank you Mr Kumar for your guidance.

 

  • I submitted notice of resignation
  • CEO normally doesn't like the resigned employees to be seen around. Same has happened in my case too. They asked me to get relieved immediately as per the instructions from the top management.
  • I have received the notice copy from my current employer and it is very clear that they intended to defame me with my current employer.
  • In that notice they are claiming that I am not yet relieved; but my PF dues are settled; pending bonus amount was settled; CEO acknowledged my last day email and even wished me all the best; all the assets handed over and the transitions happened before my last working day.

VENKAT (engineer)     19 September 2014

Also sir, Is it mandatory to send legal notice before filing a case?  My previous employer has sent a legal notice claiming data theft and the same was responded back. They even filed a complaint to the Cyber cell and I gave my statements and proofs to prove my innocence. Do I need to send legal notice still or can I file a harassment/defamtion case with the proofs I have?

Kumar Doab (FIN)     19 September 2014

You are fighting your case(s) as PIP (Party in Person) or thru a lawyer?

If you are already being counselled by a lawyer specializing in Labor Law/cyber law/criminal matters then they have seen all docs on record and can advice you further.

Legal notice should be sent.

You have been relieved/released from employment.  


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