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pratik gharde   24 June 2020

Can a company recover loss from an employee who has resigned

I was working in an IT company full time. This company would send their employees to remote client locations on contract basis for 3-6 months as per the project requirement. When I resigned from the job on 9th june I was working on contract basis in xyz company and my last day of contract was 19th June. After I have resigned from job and returned back the client asset, after 5 days HR from my parent company called and said they faced a loss of 80,000 because I did not filled the time sheet for June month. That's why they did not get the money from clients. I am unemployed now as I have resigned earlier and don't find me responsible for the loss of company as it is HRs responsibility to take care of exit formalities. Please answer my query - HR blaming me for the loss and asking me to accept my mistake is it justifiable. Please reply.


Learning

 6 Replies

Ritesh Maity (Labour Law Advocate)     24 June 2020

Prima facie, it appears that you are not required to pay any damages to the company unless and until it is proved that such damage is due to any direct action of yours. Again it will be very difficult to prove and to justify the quantum of loss actually suffered.  

G.L.N. Prasad (Retired employee.)     25 June 2020

If there is negligence in performing the duties, employers have the right to recover the amount, after following the laid down procedure.  First meet and convince HR and only if they inform anything in writing, then defend your actions in writing.  A mistake by the opponent can not wipe our mistake.  Whether there was loss to the employer, due to negligence or not is the issue.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 June 2020

In your query, you mentioned as follows:

 

"...9th june I was working on contract basis in xyz company and my last day of contract was 19th June..."

What exactly are the dates of 9th June and 19th June. Was it necessary for you to be at the Site till 19th June to complete the job?

 

Further, did you sign any Bond (usual practice) before you were posted on site?

Dr J C Vashista (Advocate)     25 June 2020

What are the facts and what do you intend to ask, it is vague and not followed properly.

Reframe the facts / query and post it in a separate thread.

P. Venu (Advocate)     25 June 2020

Has the exit formalities completed? if so the contract of employment has come to end and the employer cannot effect any recovery except through the due process of law.

Sudhir Kumar, Advocate (Advocate)     27 June 2020

The given facts do not clearly indicate as to how company faced loss and how you were responsible for the same. 

 

Plkease come clear.


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