Appointment letter not given not returning the laptop as it was supposed to be mine.

At such a senior position how and why did you join the company without appointment letter containing terms and conditions of service?

You are liable to return laptop of the company.

What is the basis / evidence for claiming outstanding pay & perks including ESOPs as stated to have been promised at the time of joining ?

They have given to me in writing that they will give me appointment letter on deadline but never gave me that, verbally they kept on promising and I was in great medical danger because they had given me a health card which was not activated for close to 3 months. I have not signed any laptop return form that is what they said is the major proof that I don't owe them anything. The HRs kept saying this for 3 months. So is it legal for them to make me work without appointment letter for 3 months even after giving in writing that they will give it within a deadline? So if someone is in senior position they can be cheated like this? I have made this decision to join the company after the verbal promises made by the HRs. Can't it be a ground for sueing them as it was company with more than 300 employees and if it is doing this to most of the new joinees and also not settled salary for many using the same technique. I want to know from any lawyer who thinks there is a case or is it completely waste of time to put any case against them. 

Oral promises are not considered as valid evidence by court of law, hence your claim before court for the so called promised benefits may not fetch you the desired relief.

The proof that you have the company's laptop with you is sufficient enough to lodge a criminal complaint against you and you will be liable for prosecution.

If you have documentary evidences to prove that company owes you the said amount, you can file a suit for recovery of your dues through the civil court.

You are not coming under the labor category hence your case will not be entertained by labor court.

Against the alleged illegal termination of employment you should have approched high court with a writ petition for setting aside the termination order as well as for reinstatement with back wages and  full benefits. 

The posting suggests deeper issues. It appears that you have only posted selected facts. Please post complete facts.

Hi Sir, what facts need to be explained. I will try to be as comprehensive as possible below.

Here are the list of events:

1) Company sent a letter of intent (offer) and I accepted the offer. Appointment letter was due after joining the company. 

2) I joined the company and submitted the due documents. They had promised ESOPS, Sponsored MBA, Opportunity to promote to AVP and VP within six months as I was supposed to be the head of one of the business unit, premium insurance for self and paid insurance for parents, also laptops and travel cards and stuff for office and own usage. All these benifits were supposed to be in the appointment letter. So I joined the company they said one of the HRs is on leave and will get the appointment letter with in a week. I kept following the HRs multiple times with emails and calls. They even sent an email assuring that appointment letter will be given in a deadline in one of the mail, but never gave appointment letter. I spoke to every level of HR they kept on promising but never gave me an appointment letter.

3) The usual working intensity was heavy so time just flew(they were acting very nice but were not crediting salaries on time and I got to know from many other employees that this company never gives full and final settlements and blackmails employees) and after 1 and half months a CMO joined and he started few illegal activities and I escalated it to CEO, HR & everyone in the management about his activities(in the third month). I didn't know that the HR head was CMO's friend. So the HR head called me and met me in person and told me to ignore these things, I refused and asked them to do an investigation, meanwhile I had to get a surgery done for my mother so I took few days off but for my shock I realised that the insurance number which they had given me was not active at all as the company had not made payment to the insurance company. 

4) I kept on contacting the HR team and the insurance team for almost 2 weeks and finally my mother's surgery was done and I only got part coverage wherein they had mentioned that I was supposed to get full coverage. Meanwhile CMO had rejected my leave(withheld my salary) and sent a showcause notice. With all these experiences I escalated this to the people above CEO and asked them to clarify my role and give me everything in writing including appointment letter. They just ignored and sent me a termination letter. All the above events I have written email proofs from my official email address.

5) I was jobless and did not have money so had to borrow money and survive for few months and found a job where in I can register complaint as I have salary backup to pay a little for affordable lawyer.

6) Even the laptops ownership should have been in the appointment letter and the HRs themselves told me that the laptop belongs to you at your position that's why we have not made you sign any laptop returning form or anything of the sort, also they kept quiet for 8 months and now they are sending the notices for laptop in email. I want to take them to court. 

This is the truth supported by multiple written evidences. So please let me know what are my options. 

You don't have any claim against the company as a right because the company planned very cleverly and cunningly to avoid issuing the appointment letter with the rights promised to you orally.

In the absence of any terms and conditions reduced to writing you cannot claim the oral promises as a right.

However you can issue a legal notice demanding the arrears or settlement dues.

In my considered view, the terms of appointment as offered is binding on the company. The company cannot take advantage of their own lapse in not issuing the Appointment Letter.  However, the facts posted suggest many a disputed questions of fact which could be decided only in a civil action.

The civil suit is bound to long drawn out and taxing in terms of effort and expense.

Hi sir, thanks for all of your answers and I really appreciate your time. I really want to fight this in court. Can I file a 420 case against them? As they have put my career and health at risk with all the evidence I have and if they file the FIR for laptop I am ready to face any hurdle and take them on. They are extremely notorious in blackmailing employees. I don't want to concede to their manipulation, that too When I am right and on the right side of justice. Just because they file an FIR would the police put some one behind the bars or I am also allowed to file Counter FIR and take them to the court rather than surrendering to them. No matter how big their company is I don't want them to run over employees like this. Please advise and I want to know where can I find lawyer's help in Bangalore for that. I again really appreciate the time you have taken to address my long query. Thanks again.

Is the cost of laptop really more precious than your respect which you will loose once arrested