Hello My previous company has issued me a notice from the legal team asking for a recovery of hefty amount on pretext of miselling and wrong commitment to the client whereas I have already served the whole notice period, got the Full and Final payment as well as experience letter from the employer. The company has refunded the money to the client and company didn't incur any cost still they are asking for a recovery and putting me in cheating and criminal breach of trust scenario. I have already given a written apology to the organization and the client.
So can a company claim for a recovery or take a legal action against their previous employee?
Can my previous company has right to indulge and convey this to my present company even though Background verification process is completed.
Do I am liable to pay the recovery amount whereas they have deduct some amount from my F&F payment on pretext of other incident.
From India, New Delhi
So can a company claim for a recovery or take a legal action against their previous employee?
Can my previous company has right to indulge and convey this to my present company even though Background verification process is completed.
Do I am liable to pay the recovery amount whereas they have deduct some amount from my F&F payment on pretext of other incident.
From India, New Delhi
Dear Nitin Juneja,
Please provide us with the complete facts of the case in chronological order. Please write just the facts and do not mix your opinions with the facts.
Your thinking is clouded because of your separation from the company and the completion of the full and final settlement (FFS) by them. Your line of thinking is that once the FFS is over, the company cannot raise any disputes against the ex-company.
However, your ex-company has discovered an act of omission and commission by you. Now whether the charge against you is valid or not is a different matter. However, you should have not tendered an apology so soon. Your apology means acceptance of the misconduct by you.
You should have approached this forum before tendering an apology and not after.
The last sentence of your post says "Do I am liable to pay the recovery amount whereas they have deduct some amount from my F&F payment on pretext of other incident." If the company has deducted some amount even then why they have sent a legal notice? Please explain this point also.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Please provide us with the complete facts of the case in chronological order. Please write just the facts and do not mix your opinions with the facts.
Your thinking is clouded because of your separation from the company and the completion of the full and final settlement (FFS) by them. Your line of thinking is that once the FFS is over, the company cannot raise any disputes against the ex-company.
However, your ex-company has discovered an act of omission and commission by you. Now whether the charge against you is valid or not is a different matter. However, you should have not tendered an apology so soon. Your apology means acceptance of the misconduct by you.
You should have approached this forum before tendering an apology and not after.
The last sentence of your post says "Do I am liable to pay the recovery amount whereas they have deduct some amount from my F&F payment on pretext of other incident." If the company has deducted some amount even then why they have sent a legal notice? Please explain this point also.
Thanks,
Dinesh Divekar
From India, Bangalore
The company can file a suit for recovery or forgery with any person with whom the company has no legal relationship. In the present case, the company does not have any legal relationship with you because you have already been relieved from service. This does not stop the company from filing a suite which is maintainable even after the termination of contract. Therefore, you should either engage your lawyer to defend the case or to settle the issue amicably.
Whether a criminal case will be maintainable or not is a question of law when the company nor the client has incurred any loss.
Regarding the second portion of the query, the employer can send a mail to your current company and spoil your career very well. Clearing of background verification does not guarantee any job permanency but any employer who comes to know about this kind of behaviour of an employee will keep and eye of him.
From India, Kannur
Whether a criminal case will be maintainable or not is a question of law when the company nor the client has incurred any loss.
Regarding the second portion of the query, the employer can send a mail to your current company and spoil your career very well. Clearing of background verification does not guarantee any job permanency but any employer who comes to know about this kind of behaviour of an employee will keep and eye of him.
From India, Kannur
Yes, a company can claim recovery or take legal action against a previous employee. They can convey this information to your present company, even after background verification is completed. Whether you are liable to pay the recovery amount depends on the specific circumstances and any deductions from your Full & Final payment. Legal advice may be necessary.
From India, Bhubaneswar
From India, Bhubaneswar
Just because you have been relieved from company, got your experience certificate as well as F&F amount, this will not deter your ex-employer from proceeding legal action against you.
As correctly advised by senior members, please contact a good lawyer and proceed as per his advice. Keep copies of all correspondence you have done with the company, for reference
From India, Aizawl
As correctly advised by senior members, please contact a good lawyer and proceed as per his advice. Keep copies of all correspondence you have done with the company, for reference
From India, Aizawl
It is very unfortunate that you dug your own grave by sending an apology letter to the company without a consultation.
You need to provide the details of the incident as suggested by Mr Dinesh Divakar for better suggestions from the elite members of this community.
Do not reply to the communications without consulting any lawyer of your choice. It would be better to post the notice sent by the employer. U too can consult in8093097934, if u feel it proper on your part.
From India, Mumbai
You need to provide the details of the incident as suggested by Mr Dinesh Divakar for better suggestions from the elite members of this community.
Do not reply to the communications without consulting any lawyer of your choice. It would be better to post the notice sent by the employer. U too can consult in8093097934, if u feel it proper on your part.
From India, Mumbai
Hi Nitin
Yes, a company can sue a former employee for misappropriation or wrongdoing even after the employee has left the company. The company has the legal right to seek damages or other remedies if they believe that the former employee engaged in activities that were harmful or in violation of their legal obligations, such as theft of intellectual property, breach of non-disclosure agreements, or other forms of misconduct.
However, it's important to note that the company would need to gather evidence and present a compelling case in court. Additionally, there may be statutes of limitations that can affect the company's ability to bring a lawsuit, so they should act promptly.
Each jurisdiction may have specific laws and regulations regarding this matter, so it's advisable for the ex-employee to consult with legal counsel familiar with employment law in their region to determine the best course of action.
Regards
From India, Bangalore
Yes, a company can sue a former employee for misappropriation or wrongdoing even after the employee has left the company. The company has the legal right to seek damages or other remedies if they believe that the former employee engaged in activities that were harmful or in violation of their legal obligations, such as theft of intellectual property, breach of non-disclosure agreements, or other forms of misconduct.
However, it's important to note that the company would need to gather evidence and present a compelling case in court. Additionally, there may be statutes of limitations that can affect the company's ability to bring a lawsuit, so they should act promptly.
Each jurisdiction may have specific laws and regulations regarding this matter, so it's advisable for the ex-employee to consult with legal counsel familiar with employment law in their region to determine the best course of action.
Regards
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf