Data misuse allegation
RAJEEV B. GAUR
(Querist) 23 October 2012
This query is : Resolved
After my 9 months job on 01st October'2012 company told me to discontinue verbally.
I 2 was mentally prepared 4 that as my relation with the CA of the company was not good because of his 3rd category tone of talking with others.
I told them - "ok" but after that the CA started harassing me & threatened me to face legal proceedings or out of the way ( Gundas ) proceedings if i ask for my 3 months notice pay which is written in my appointment letter.
I got very scared & again told them - OK, I resign & i sent my resignation to the HR Dept. who took me in confidence to clear all my dues after resignation
He had completed all the formalities & kept my FNF ready but the next day as usual he also refused to pay my balance amount of Bonus & Leave Salary.
I mailed a letter to them asking for the same but now they are not replying to my mail & calls.
Now, today i had received a legal notice sent by the adv of the company complaining that i had asked them a higher salary
(according to them i was having less salary working with my old employer & told them higher amt)
& acc to them i had sent a wrong docu to the consultant for loan clearance & because of that company's bank loan got delayed by 2 months & gold rates hiked by a good amount & co. has suffered a loss.
Now they want the amount of salary diff.
(Sal with old employer - Sal here)& amount of loss suffered by the company coz of delay in loan processing
Kindly guide me....
RAJEEV B. GAUR
(Querist) 23 October 2012
shall i reply the notice on my own or i am suppose to do it by an advocate.
as i belongs to a middle class family i am not in a situation to fight against them.
they are planning to file a case of data misuse allegation also which being from a respected family i can't do..
plz guide me...
Devajyoti Barman
(Expert) 23 October 2012
The notice sent by the CompANY does not appear to have any merit at all. Reply it with all details you have.
If you do not get your legitimate dues , file case against the concerned man-CA u/s 406 of IPC.
RAJEEV B. GAUR
(Querist) 23 October 2012
Dear Sir,
as i told you i belongs a middle class family & not in a position to do an advocate..
& most imp is my next job.
i m the only earner of my family.
will it take long time ?/
coz i had joined a new co & well settled there...
i m not in a situation to attend the hearing of the court & can't say all these to my new employer also..
please suggest
RAJEEV B. GAUR
(Querist) 23 October 2012
& what if they put allegation of data theft...
i am very much scared sir,
RAJEEV B. GAUR
(Querist) 23 October 2012
the most imp point is -
in agreement notice period mentioned is 3 months but as i was mentally tortured & harassed by the co i resigned by my side...
will it affect to my FNF...
if yes then what should i do...
PLEASW GUIDE..
Devajyoti Barman
(Expert) 23 October 2012
You are already advised.
Now decide whether to protest or to do what you are coerced to do.
RAJEEV B. GAUR
(Querist) 23 October 2012
please dont mind....
actually i wanted to know that my notice period in the appointment letter mentioned is 3 months & i resigned because of their torture & harassment.
will it be problematic for me
RAJEEV B. GAUR
(Querist) 24 October 2012
Finally to ask you...
As per my appointment letter if i resigned, then 3 motnhs notice to be given & vice verse..
so can they demand 3 months salary after deducting my FNF amount from me.
& i don't have any proof against their mental torture & harassment..
Devajyoti Barman
(Expert) 24 October 2012
If you serve notice period then there is no question of payment.
RAJEEV B. GAUR
(Querist) 24 October 2012
as i told you,
because of mental torture & harassment, i got scared & resigned...
and the next day company prohibited my entry to the office & since than i am at home.
RAJEEV B. GAUR
(Querist) 24 October 2012
in my resignation i had just mentioned to complete my all pending works at the earliest & asked them to suggest the name of the person to whom all the responsibilities to be handed over...
JANAK RAJ VATSA
(Expert) 24 October 2012
since you have resigned without the notice period , the compensation for 3 months can be claimed by the company
RAJEEV B. GAUR
(Querist) 24 October 2012
Dear Janak Ji,
Please read the very 1st post about the company harassment
& stil i m ready to complete my notice period & i have the voice recording of HR about my full n final settlement that that will get ready by tomorrow.
but company has restricted my entry to the office from the very next day & not clearing any point.
Please guide...111111
RAJEEV B. GAUR
(Querist) 24 October 2012
if company claim the notice pay then what heads they can consider...
i am getting
Basic
DA
HRA
Child Education Allowance
Conveyance
Medical
Devajyoti Barman
(Expert) 24 October 2012
Mr Gaur..you are adequately advised. Do not post query any more. if you are dissatisfied engage an advocate.
