A senior engineer left job during bond period. He had signed bond for a year. While leaving he said the bond is illegal. We requested him to serve min 1 month. He agreed but left in 1 week after too much arguments and denying any 1 month commitment. We had problems with the project he worked on. We gave him part payment and asked him to sign all receipts.
we did not give him release letter and we promised to pay due amount of the last month later. (just to get him out of office and stop his arguing)
He called and wants his due payments after 3 months. He wants to visit office and create rukus in front of other employees. He is working somewhere but not disclosing details on social media profiles. He still maintains our firm as present employer on social media.
How to tackle this over argumentative and stubborn person. We know bonds are not accepted in courts.
thanks,
Palak
From India, Kolkata
we did not give him release letter and we promised to pay due amount of the last month later. (just to get him out of office and stop his arguing)
He called and wants his due payments after 3 months. He wants to visit office and create rukus in front of other employees. He is working somewhere but not disclosing details on social media profiles. He still maintains our firm as present employer on social media.
How to tackle this over argumentative and stubborn person. We know bonds are not accepted in courts.
thanks,
Palak
From India, Kolkata
Hi Pala,
Do not have to worry about it. but let me know have you given your promise in your paper saying you will pay him rest of the amount later? If yes, you are suppose to pay but you can still take a stand and say that the project that he worked on was incomplete because of which, company faced loss. He has also not served notice period of a month time which was clearly mentioned in his appointment letter (Hope it was so).
Try to tell him all these things, if he is not ready to accept then you can tell him that you will call police (Just to let him know that you will go to next level).
Frankly speaking, you can not do anything for using your company name by him in social media but if he makes money out of it and if he is dealing with your clients using your company name then you can file a case against him for sure with required evidences.
Regards,
M.Kannan
From India, Madurai
159Do not have to worry about it. but let me know have you given your promise in your paper saying you will pay him rest of the amount later? If yes, you are suppose to pay but you can still take a stand and say that the project that he worked on was incomplete because of which, company faced loss. He has also not served notice period of a month time which was clearly mentioned in his appointment letter (Hope it was so).
Try to tell him all these things, if he is not ready to accept then you can tell him that you will call police (Just to let him know that you will go to next level).
Frankly speaking, you can not do anything for using your company name by him in social media but if he makes money out of it and if he is dealing with your clients using your company name then you can file a case against him for sure with required evidences.
Regards,
M.Kannan
From India, Madurai
Not in writing ...but we have receipts signed from him even for the payment he did not receive.(last month amount was rupees 18 k, we paid 5k and promised to pay any due, if any later, as he was not budging from office at night 10.30 and we wanted to get rid of this "determined" guy who was just not ready leave office.
From India, Kolkata
From India, Kolkata
Hi Palak,
You can clearly tell the employee that as he has not served the required notice period, the amt has been deducted towards that. Also, if he is not ready to listen, you can tell him that you will have to take legal action if he does not back off.
But be prepared with evidences for not paying, if he enters the legal course. Till such time make sure you ignore him.
Regards,
Ashutosh Thakre
From India, Mumbai
You can clearly tell the employee that as he has not served the required notice period, the amt has been deducted towards that. Also, if he is not ready to listen, you can tell him that you will have to take legal action if he does not back off.
But be prepared with evidences for not paying, if he enters the legal course. Till such time make sure you ignore him.
Regards,
Ashutosh Thakre
From India, Mumbai
If your company feel uncomfortable with his acts such as using company name on social media sites; you can send him an email with suggesting remove your company name. Also explain legal actions could be taken against him if he will not stop using your company name.
For his wish to visit company just reply him saying we don't allow visitors in company until there is a business need (I think this should be one of your company policy). So ask him to settle the matter on email (office phone if required).
From India, Mumbai
For his wish to visit company just reply him saying we don't allow visitors in company until there is a business need (I think this should be one of your company policy). So ask him to settle the matter on email (office phone if required).
From India, Mumbai
Please look into the appointment letter issued to him and dont worry about the bond etc.... Send him a notice and asked if one month notice period were mentioned.
From India, Delhi
From India, Delhi
Dear Palak,
If you have his appointment letter which is duly signed by him then there should be no problem. But ensure that there is a clause in the appointment letter which says that in case if the employee leaves the organization, then he has to serve 1 /2/3 months notice or in case if the company asks him to leave then the company is liable to pay 1/2/3 months notice as applicable.
In that case if the employee has served 1 week then you can deduct the rest of the amount in his full and final settlement. You may also not give him his relieving letter as he has not served appropriate notice.
Bonds are illegal but rest of the formalities have to be in place which he has not done.
Regards
From India
If you have his appointment letter which is duly signed by him then there should be no problem. But ensure that there is a clause in the appointment letter which says that in case if the employee leaves the organization, then he has to serve 1 /2/3 months notice or in case if the company asks him to leave then the company is liable to pay 1/2/3 months notice as applicable.
In that case if the employee has served 1 week then you can deduct the rest of the amount in his full and final settlement. You may also not give him his relieving letter as he has not served appropriate notice.
Bonds are illegal but rest of the formalities have to be in place which he has not done.
Regards
From India
From what i read in your post, your actions are highly unethical and unprofessional.
The engineer was working for you and he resigned. you wanted him to leave without serving notice and gave him part of the payment due to him and made him sign receipts saying he got the full amount. Now you are denying him the payment that your promised.
From the legal point of view, coercing someone to sign a false receipt is an offence that can get you into trouble.
If the payment of 5K is made by cheque, then you have more of a problem as he has proof that you did not clear and have got a false / forced receipt. He can even claim it to be forged.
Do you have the necessary details of his incomplete projects and have you sent him the necessary evidence ?
He can very well claim that he was willing to complete but was asked not to continue thereafter.
From India, Mumbai
The engineer was working for you and he resigned. you wanted him to leave without serving notice and gave him part of the payment due to him and made him sign receipts saying he got the full amount. Now you are denying him the payment that your promised.
From the legal point of view, coercing someone to sign a false receipt is an offence that can get you into trouble.
If the payment of 5K is made by cheque, then you have more of a problem as he has proof that you did not clear and have got a false / forced receipt. He can even claim it to be forged.
Do you have the necessary details of his incomplete projects and have you sent him the necessary evidence ?
He can very well claim that he was willing to complete but was asked not to continue thereafter.
From India, Mumbai
you wanted him to leave without serving notice
attribution https://www.citehr.com/464380-ex-emp...#ixzz2XQ7DDyFv
No we wanted him to leave with notice . He initially agreed but later said he wont continue for even 1 month.
From India, Kolkata
attribution https://www.citehr.com/464380-ex-emp...#ixzz2XQ7DDyFv
No we wanted him to leave with notice . He initially agreed but later said he wont continue for even 1 month.
From India, Kolkata
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