Hello All,
We have started our Proprietorship Company with 2 partners, me and my wife. We mentioned in that agreement, I’m going to be a working partner.
We got a data research project from a US based company and started the project with 3 people. They sent me all the funds needed for to start the office. When I said, I can arrange that investment. They convinced me to treat it as a security for my job. Within few months based on their request the total employee number raised to 10. At that stage, when I tried to register a private limited company in my name the problem started.
They started defending like "this is our company" and they wanted me to get only salary. I didn't agreed. Finally one of the US company’s contract employee came to India and convinced all my staff and created a separate facility, started the operation in different location. And they complained to local police mentioning that "I’m not returning PCs to them".
After a very long negotiation, I felt that it is not good to keep the PCs for which they paid. So I handed over those which they paid for.
But now, some of those employees who went out from my company complained with that same police people for to get their total salary which I billed the client. For example, I billed the client about Rs.50/hour. I paid them all a flat monthly salary of Rs.6,500. Now those past employees asking for the balance money (Rs.50/hour) which I billed my client.
I ran the company in my business name. But now those employees saying it’s not my company, they worked for the US Company.
What should I do now?
For your clarifications:
1. All invoices raised online are sent to US company in a PDF format with my company name in the head of those invoices.
2. All payments are wired directly from US company account to my bank account which is in my personal name (savings account).
3. One of my staff members will calculate the total attendance details and she will send me a salary bill each month. I issued a cheque on her name. She go to the bank, collect cash and issued the salary.
4. I got all their signatures in my attendance.
5. US company don't have any office in India so far. They just sent the payment to me and I paid my staff salary that's all.
6. We don't have any signed agreement between us. We communicated only thru email.
What I don't have
1. I didn't issued them the appointment letter. I asked them how much salary they want. And I issued the salary they wanted.
2. I don't have salary vouchers signed by employees. As I'm issuing cheques, I didn't thought of getting their sign in vouchers.
Now my question is.
1. With what reason the police can register the FIR on me?
2. Is it legal to call me to the police station and negotiate for to refund the money?
3. If they go for a civil sue against me which class they may use?
Now, I lost my project. Sitting at home and searching for new projects. They all earning. Still they would like to have more money.
I couldn't find a good lawyer with all above knowledge in my city. After a deep search I found this website.
Looking for all your help to handle my critical situation.
Thanks alot for reading and my advance thanks for your answers.
