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Saurabh   25 February 2017

Termination and asking for money !!!

Hello, I am an software engineer and I develop applications for mobile, I joined a company few months back, I was doing some free lance work in parallel , working extra hours or over weekend, the one mistake that I did is I used my office machine for personal Skype to chat with free lancing company, they tracked me down and terminated me, I accepted the termination, but now my company threatened me to pay them all the salary they have paid me or they will take me to court and make sure that I don't get job anywhere. My appointment letter states that I cannot work for any individual for free also, so free lancing is also not allowed, they dint provide me with my termination letter or my pending salaries as well and they are asking for money. What should i do in this case, I broke the policy and I accept my termination as mentioned by them but why do I need to pay them?? Please suggest.


Learning

 19 Replies


(Guest)

Hold bossses leg. 

Saurabh   25 February 2017

Tried that , but it is not working he is quite adamant about what he wants.

Saurabh   25 February 2017

Tried that , but it is not working he is quite adamant about what he wants.

Saurabh   25 February 2017

Tried that , but it is not working he is quite adamant about what he wants.

Kumar Doab (FIN)     25 February 2017

Employee should not indulge in such practices.

That is how employers treat such conduct by such employees!

If you wanted to do work for FEE, after work hours, in addition to this employment then you should have negotiated such condition while accepting offer and got it inserted in appointment letter (Provided the employer agrees to it).

You used employer’s/official resources for private work.

Now it is employer’s discretion to act against you.

Request bosses to let you go without any complaint against you.

 

Kumar Doab (FIN)     25 February 2017

What is stated in termination order?

You have accepted your misconduct in writing?

Kumar Doab (FIN)     25 February 2017

Is it same query;

https://www.lawyersclubindia.com/experts/Company-demanding-Money--633096.asp

 

Ritesh Maity (Labour Law Advocate)     25 February 2017

1. You have been charged with dual employment, which was prohibited as per your letter of appointment too. And it is an admitted position that you were engaged in freelancing. However, even if you were charged with dual employment, there is a procedure to terminate you (by way of issuing charge sheet and holding enquiry) unless you have admitted to the charges or they have irrefutable evidence on that ground. I presume that you have accepted your fault and termination, hence, there is no need to elaborate on the point of termination any further. 

 

2. Company can claim damages against you in any court provided that they have suffered monetarily for your activities. But that does not give them the right to withhold any salary. Since you have been terminated already, I suggest to wait for sometime till the company demands such money in writing so that we can actually understand their nature of demand. Upon receipt of such demand notice, you may consult an expert/ lawyer etc. to reply without any delay. 

 

3. At this stage, the company may mentally pressurize you to pay them. Do not succumb to such pressure. 

Saurabh   25 February 2017

@ritesh Evidence not sure, but they have some chat that I did from my office machine with the other company guy, although the business for both the firms are different. They have not given me in writing about anything nor even the amount that they want everything is verbal and they keep things on call and not on emails. On my termination email also nothing is been mentioned nor did they provide me any termination letter or exp letter. Thanks for the answer, your reply was quite motivating for me. @kumar, nothing I have accepted on paper, they say they have some personal Skype chats as proof and I accepted to work free lancing for some hours a week and get paid for same. My termination states that Suspended due to fradulent business practices and breaching employment practices.

(Guest)
Originally posted by : Saurabh
Tried that , but it is not working he is quite adamant about what he wants.

Aur zor se pakdo.  Tab tak padkdo jab tak tang aake laat na maare aur bole.. jaa simran jaa jee le apni zindagi laugh

1 Like

(Guest)

Part time everybody does, for a little extra money.  But for that you should take prior permission from your boss.  Or take up unrelated job to the present one, like jaadoo pocha, giving u an example.  if they want to trouble you, they will.  You wont have much option here.

1 Like

Kumar Doab (FIN)     26 February 2017

In your last post you have posted that you have admitted the misconduct.

In termination, subsequent to acceptance by you, employer has posted;” Suspended due to fradulent business practices and breaching employment practices.”

So; are you suspended or terminated?

Has company asked you to remain out of office in writing?

Are you attending office?

Do you have copy of published version of ‘fradulent business practices and breaching employment practices’?

Let employer levy a fine; say 3% of monthly wages and show it in salary slip.

It is suggested that you may engage a seasoned Employee’s/Trade Union Leader/counsel specializing in Labor/service matters.

Saurabh   27 February 2017

@kumar, Dumb HR, for her termination and suspension are same, Yes i have accepted the misconduct. I am not going to office, company has not provided me anything in writing, just an email saying employment is suspended from this date and time. Copy of nothing except my appointment letter where they have not mentioned anything about asking for money but termination can be done. Some percent on my wages, they are not ready to talk about money on paper, all they do Is give threats verbally and till date I haven't received any demands from them on email or on paper.

Saurabh   01 March 2017

@kumar, one new thing they say now, that i am been suspended and not temrinated and can't resume service even if i am not found guilty, and I can't work anywhere till the legal things are been sorted. How long can this go?? How can I ask for my termination letters?? When can I start working or looking for a new job, ??? Is there a law where like government officials I do get paid half salary till I am suspended??

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