Submitting wrong data
Anand
(Querist) 15 September 2016
This query is : Resolved
Dear Sir,
Please guide me in this context.
I am working in a "A"company for just 6 months(Current).Prior to that the company where i was working got closed down.While preparing my CV, the consultant suggested me to hide the previous company details as in interview nobody will understand the reason of why you left the company. Sir i did the same and submitted the updated CV to the new company( about to join).The employer "A" company came to know this and now he is threatening me of legal counsequences. Actually along with me almost 20 people more left him to join me . This has made him more furious. We were not getting salary and expenses since last 3 months, that's the reason we decided to change the company. Now we don't know what to do. My current company is supporting me but the previous employer is continuosly threatneing them also to terminate me otherwise he will do a police complain.
Sir suggest me what to do. It's a question of myself and 20 people who came with me.
Kumar Doab
(Expert) 15 September 2016
You have posted that:
"We were not getting salary and expenses since last 3 months, that's the reason we decided to change the company."
Submit in writing under proper acknowledgment on Non payment of wages and expenses and ask to supply salary slips of all months,PF number and a/c slips, Form16,ESIC card etc.
Do you have attendance record, and acknowledgment of having submitted expense statements?
The employer has no reason to stop wages/reimbursements.
The employer has breached the trust and is unworthy of being employed with.
The threats are apparently to subdue the employees.
Rajendra K Goyal
(Expert) 16 September 2016
You should claim all your back wages and F&F. Avoid threats of legal action.
Raj Kumar Makkad
(Expert) 18 September 2016
I think none of the experts has touched the main issue of the query.
The issue is not the non-payment of the salary etc. rather is that the author changed that company and along-with him 20 other persons have also left that company. While joining in that company, this author had suppressed about his employment with another company which got closed and now that company which didn't pay him salary for about 3 months is threatening of police action and so on.
Though suppression of facts always create problems but in the present case, such suppression is not of any material issue as you have not gained anything on that suppression to the adverse of that company so the threatening is nothing but a pressure tactics so as to close your mouth to demand your arrears of salary as well as of others.
You need not feel pressurized on that ground and initiate legal action for the recovery of your pending dues. Your present employer is with you so move ahead.
Guest
(Expert) 18 September 2016
Mr. Anand,
In fact you have not been able to carve out even an ordinarily sensible story out of your academic query.
There are several flaws in your story. For example, prior to your joining company 'A', the previous company, as per your statement "CPSED DOWN". Now the same closed company employer is threatening you, as you stated, "previous employer is continuosly threatneing them."
Further in contradiction to your first statement about your closed company, you stated, "We were not getting salary and expenses since last 3 months, that's the reason we decided to change the company".
Now the question arises, if you had hidden the facts in your CV from the present employer, the matter was for the present company to take note of, whereas as per your statement, "My current company is supporting me." So, where is the question of fear, when facts are hidden from the present employer, who is already supporting you instead taking advers note of?
TOTALLY VAGUE QUERY!
Kumar Doab
(Expert) 18 September 2016
There seems to be no legal consequence.
The core issue is non payment.
The employer want to subdue the employees.
The earned wages are to be paid for each day employee was at the discretion of employer.
If employer deems it fit and want to resort to some action it does not provide for delayed payment or no payment.
The no mention of one experience may be out of oversight.
The employees should not get subdued by hollow threats of such employer that is unworthy of being employed with.
Approach seasoned employee's/trade union leaders/labor Law Consultant and they may support you to drill sens into the heads.
Guest
(Expert) 18 September 2016
Dear Kumar,
The core issue, as per the title of the question is, "Submitting wrong data," not non payment of salary by previous employer.
A question arises, why the old employer would threaten them, when he is the defaulter for non-payment of salary. He would rather be happy that the employees have abandoned him and have not shown him as their employer on account of which he would be able to easily contest their salary arrear claims, if arise later on, when they have not shown that company as their previous employer.
Actually the question of the querist is quite senseless.
Kumar Doab
(Expert) 18 September 2016
Respected Expert Shri P.S.Dhingra,
Sir,
I had noted the mention of 'My current company is supporting me' and felt that it is error in drafting.
The employer has extracted work from employees and shall have to pay wages.
Since wages are not being paid since 3 months, why 20, all employees have undisputed right to separate, since the employer is unworthy of being employed with.
The author has to respond the points raised by you for further response.
Otherwise, agreed with you that, sufficient has been discussed and his own counsel can help further.
Rajendra K Goyal
(Expert) 20 September 2016
Agree with the views from expert Kumar Doab.
Guest
(Expert) 20 September 2016
Dear Kumar,
Being a hypothetical academic query, the author can't be expected to come forward with any clarification.
If you have assumed his story to be true, that seems to be your misunderstanding, as there can never be such a situation, as stated by the author, the past employer can threaten in spite of being defaulter for non-payment, even after closure of his company. Moreover, a situation where all the 20 employees flocked enblock to a single company, as if the new employer has erected a welcome gate for all those employees of that particular closed company.
Remedy of non payment of salary by the employer is there, but where is the link of the question about submission of wrong data to the new employer with the non-payment of salary by past employer and that too when he states that the new employer supports them, instead of taking disciplinary action against them, even after knowing fully well about the wrong data to have been placed on his company record.
I don't understand, why you have not been able to detect articiciality of the story of the author!
Kumar Doab
(Expert) 20 September 2016
Dear Mr.Dhingra,
We have shared sufficient, wholeheartedly, as usual, and subscribed to the very purpose of such forums.
The author is of course silent.
So the thread may be deemed as resolved and closed.
Guest
(Expert) 20 September 2016
For me it stood already resolved two days back.
