Anant Kumar (Service/Business) 19 May 2010

Emplloyee Employer Issue

My friend was working with one the stock broking firm in India.He was in a position of team leader.Due to some mismatch in cash handelement (amount is to low) he was asked to terminate his one of the subordinate (who was also his friend) from managment.He did so as per managment instruction but after that he too left the company with giving resignation.

Now after 2 years he was to join some company where he was asked to provide the relieving letter.As he approached his last company his line manager asked him to produce the guy who he terminated and made him join into very next company where he joined as they were not in position to put an FIR against that terminated guy and helding my friend responsible for the cause .I also want to mentioned that my friend too was unawre of this action of the company .(nothing was notified to him nor discussed with him).

My question to members is

1.Wether he is liable for his subordinate (who was also his friend ) for his cause as no action was taken while he was in the job & he was unaware of company action too?

2.And can he approach to take legal action if he is not getting his relieving letter from his company on this issue?

3.How far he is respnosible if he never been notified for the same? .

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2 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 21 May 2010

well he should issue a legal notice to the concerned company for not providing relieving letter.

and he will not be responsible as he was not aware about anything.

Regards

Smita_L01042008 (student) 22 May 2010

Mr. Anant Kumar,

kindly note that the company given relieving letter if that employee is discharged from his liabilties and responsibilities. kindly note that in the present case, the emloyer may of the opinion to hold your friend responsible for the action of subordinate.

1. no action taken in his presence has no point as the company can take the action any time within stipulated period of time. there, not taking action when your friend was working with company does to exclude him from his duties and responsibilites for the act of his subordinate during his tenure with the company.

2. your friend can initiate a legal action by sending a legal notice to give him relieving letter in case they have accepted his resignation. however, i m of the opinioned that it is always better to speak to your employer to convenice them.

as the company may have reason to hold your friend responsible for the act of his subordinate. as they might believe that it is his failure to check on his submordinate or he may have some involvement and support to his subordinate to do so. the same is subject to investigaton of police and concern authorities.

3. as mentioned above.

thnks and regards