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RYAN Reynolds (admin)     03 July 2012

Dispute in money given as an appreciation

I have been working in a family run business in my previous employement. During my tenure I have build their business from scratch and as a token of appreciation the company ad given me a lump sum amount. Out of courtesy I was paying back monthly so i didnt feel inbedted to them. But after a couple of years since i have left the company they have asked me to pay back all the money due with allegations of me leaving the company without proper notice.

The following has happened during my tenure.

1. No employement letter with any guideline was issued.

2. My Salary was shown much less in paper than paid to save taxes, PF, insurance etc.

3. There is no agreement or a written document forany the appreciation money paid or received.

4. After the business was up and running the other directors ( family members ) started harrasing me.

5. I had given in my written resignation which they refuse to acknowledge.

 

Post my tenure the company has started loosing out on service contracts that i had facilitated due to their ineffeciency to service them and after two years i received an email asking for the money back. I have mailed back with the issues and have asked them to consider that lumpsum i have returned as full and final settlement to the issue from my end.

Request your urgent advice on the same. I really dont want to pay back the money for the harrasment i have faced at work during my tenure with them due to which i left them.

Thanks in advance

 

Ryan

 



Learning

 3 Replies

Kumar Doab (FIN)     03 July 2012

1. Hence there is notice period agreed by you.

2. Company has offended and can be subjected to punishment by authorities.

3. Why should employee return incentive?

4. You should have complained and built written record.

5. If you wanted to resign in writing you could have sent the resignation by reedg. post under acknowledgment.

If you face harassment you may approach  your lawyer an your lawyer shall take care.

RYAN Reynolds (admin)     03 July 2012

@ Doab

1. Hence there is notice period agreed by you.

There was never a written laid down company directive or indiction of a notice period. neither have i recived an apointment letter ever.

2. Company has offended and can be subjected to punishment by authorities.

3. Why should employee return incentive?

As per him it was a loan given to me which i should repay back.

4. You should have complained and built written record.

Working for the company at the same time and complaining could have put my job at risk.

5. If you wanted to resign in writing you could have sent the resignation by reedg. post under acknowledgment.

i havnt done that because it never crossed my mind at that period that today after a few years this will crop up.I just tended a written resignation at that time.

If you face harassment you may approach your lawyer an your lawyer shall take care.

This is the option i have in mind if things get out of hand . as of now it has been only exchange of emails.

Does the case hold weightage or should i buckle under pressure?
 

Kumar Doab (FIN)     04 July 2012

Company shall need to prove that a loan was advanced.

You shall need to prove that it was incentive reward for performance. Do you have any record to prove?

 

You may go thru another relevant thread

 

Forum Home > Labour & Service Law > > Re:Illegal termination

At the following link:

https://www.lawyersclubindia.com/forum/Re-Re-Re-Illegal-termination-54848.asp

 

 The company claimed the amounts disbursed were not incentive. Employee obtained favorable decision under SE act from ALC.

You may show all therecords and  emails exchanged to a competent and experienced service lawyer, and proceed as per expert advice.


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