Dear All,
My brother-in-law who is currently unemployed and is into politics and public service, is facing a curious problem
He joined an company as a auditor, and quite it in 2 months time, he got relived after due process such as
1.) No dues certificate from Accounts team
2.) No dues clearance from his department head
3.) Assert hand over and confirmation of his release date by Head of department.
4.) Security and other exist formalities duly signed off
5.) Resignation acceptance and reliving letter from his HR manager.
Suddenly after 6 years he gets a call from a lawyer claiming he owns the company a specific amount and needs to pay them back with interest else face legal consequences.
He tried to explain his situation to them but, he found they kept repeating of threat of legal action and not answering his specific questions, he called up his previous manager and found them to be completely surprised, his manager recommend him to hand him over all his documents so he can reason-out as what has triggered this mistaken identity.
My queries are
1.) Does he really needs to hand-over his letters to the manager
2.) Or he should rather sue back the employer for damages if yes how much can he claim as compensation
3.) As he is currently out of employment and in dire financial issue, can he sue the company for re-instantiation to the previous position.
Regards.
Anajayana
From India, Chennai
1My brother-in-law who is currently unemployed and is into politics and public service, is facing a curious problem
He joined an company as a auditor, and quite it in 2 months time, he got relived after due process such as
1.) No dues certificate from Accounts team
2.) No dues clearance from his department head
3.) Assert hand over and confirmation of his release date by Head of department.
4.) Security and other exist formalities duly signed off
5.) Resignation acceptance and reliving letter from his HR manager.
Suddenly after 6 years he gets a call from a lawyer claiming he owns the company a specific amount and needs to pay them back with interest else face legal consequences.
He tried to explain his situation to them but, he found they kept repeating of threat of legal action and not answering his specific questions, he called up his previous manager and found them to be completely surprised, his manager recommend him to hand him over all his documents so he can reason-out as what has triggered this mistaken identity.
My queries are
1.) Does he really needs to hand-over his letters to the manager
2.) Or he should rather sue back the employer for damages if yes how much can he claim as compensation
3.) As he is currently out of employment and in dire financial issue, can he sue the company for re-instantiation to the previous position.
Regards.
Anajayana
From India, Chennai
Hi Thanking you for the kind reply, Generally what would be the time-limit for making such a claim in India, for eaither of the parties.
From India, Chennai
From India, Chennai
Dear ML Student,
Good to note that your brother-in-law has kept with him records of the clearance forms from all the departments.
Sending notice directly from the lawyer appears to be politically motivated action. Why employer has not sent notice on his own? Why jump directly to the lawyer's notice? Secondly, in the lawyer's notice has any break up been given about the outstanding dues against you? What are the causes of these dues? Have these dues arisen because of his acts of omission or commission?
If the dues have arisen because he failed to execute your duties, then your company should have been thoughtful for all these years. They should have ordered domestic enquiry and told him to depose before the enquiry officer. Why they have not done that?
Lastly, let me reiterate that lawyer's notice could be some political opponent's ploy to harass your brother-in-law. Let him find out who is shooting from his ex-employer's shoulder.
As a reply to the notice, let your brother-in-law give a reply. Tell him to send the photocopies of the records of the clearance that he has maintained diligently. They could ignore his reply and may file a suit against him. In that case let him fight a case. Your brother-in-law must be a foot solider of some political boss. Let his boss hire lawyer for him. This is the boss's noblesse oblige to his follower!
Thanks,
Dinesh Divekar
From India, Bangalore
Good to note that your brother-in-law has kept with him records of the clearance forms from all the departments.
Sending notice directly from the lawyer appears to be politically motivated action. Why employer has not sent notice on his own? Why jump directly to the lawyer's notice? Secondly, in the lawyer's notice has any break up been given about the outstanding dues against you? What are the causes of these dues? Have these dues arisen because of his acts of omission or commission?
If the dues have arisen because he failed to execute your duties, then your company should have been thoughtful for all these years. They should have ordered domestic enquiry and told him to depose before the enquiry officer. Why they have not done that?
Lastly, let me reiterate that lawyer's notice could be some political opponent's ploy to harass your brother-in-law. Let him find out who is shooting from his ex-employer's shoulder.
As a reply to the notice, let your brother-in-law give a reply. Tell him to send the photocopies of the records of the clearance that he has maintained diligently. They could ignore his reply and may file a suit against him. In that case let him fight a case. Your brother-in-law must be a foot solider of some political boss. Let his boss hire lawyer for him. This is the boss's noblesse oblige to his follower!
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Dinesh,
Thanking you for the kind reply, the notice from the advocate does not say specifically what is reason for recovery it just
says recovery with respect to "notice period+ PF+ etc",
it is quite vague and also there is no audit report from any accounts team.
His political mentor who is an advocate, he said that it has become quite unfortunate nowadays some unscrupulous professionals do indulge in vague threatening to meet their ends.
He has promised to help, in case there is any suit and also provide political support.
My family is concerned as brother-in-law is not earning, I want see if he can be removed from politics ( which he is not getting much to support the family) using this notice, to send him back to his previous job :-)
From India, Chennai
Thanking you for the kind reply, the notice from the advocate does not say specifically what is reason for recovery it just
says recovery with respect to "notice period+ PF+ etc",
it is quite vague and also there is no audit report from any accounts team.
His political mentor who is an advocate, he said that it has become quite unfortunate nowadays some unscrupulous professionals do indulge in vague threatening to meet their ends.
He has promised to help, in case there is any suit and also provide political support.
My family is concerned as brother-in-law is not earning, I want see if he can be removed from politics ( which he is not getting much to support the family) using this notice, to send him back to his previous job :-)
From India, Chennai
Mr. ML Student,
In your original query you stated about "gets a call from a lawyer" and now you have stated about notice. I wonder, if the notice describes about PF dues, which is deducted by the employer while drawing salary of the employer.
So, I don't think, if you have stated the facts clearly based on call or notice, which you should ascertain from your brother in law first.
Anyhow, if only calls are recived, getting call/s has no relevance. Ask them to send formal notice specifying the nature of dues or demand.
From India, Delhi
In your original query you stated about "gets a call from a lawyer" and now you have stated about notice. I wonder, if the notice describes about PF dues, which is deducted by the employer while drawing salary of the employer.
So, I don't think, if you have stated the facts clearly based on call or notice, which you should ascertain from your brother in law first.
Anyhow, if only calls are recived, getting call/s has no relevance. Ask them to send formal notice specifying the nature of dues or demand.
From India, Delhi
Dear ML Student,
In your original query you stated about "gets a call from a lawyer" and now you have stated about notice. I wonder, if the notice describes about PF dues, which is deducted by the employer while drawing salary of the employer.
So, I don't think, if you have stated the facts clearly based on call or notice, which you should ascertain from your brother-in-law first. If getting call only that has no relevance, as I stated in my earlier post.
From India, Delhi
In your original query you stated about "gets a call from a lawyer" and now you have stated about notice. I wonder, if the notice describes about PF dues, which is deducted by the employer while drawing salary of the employer.
So, I don't think, if you have stated the facts clearly based on call or notice, which you should ascertain from your brother-in-law first. If getting call only that has no relevance, as I stated in my earlier post.
From India, Delhi
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