Hi, my company has terminated me for misconduct. I am wondering if taking legal action against the company could lead to a counterattack resulting in my arrest for the misconduct.
I shall explain what happened. I work for a BPO. On verbal guidance and assurances from some seniors, a few friends and I indulged in malpractices that benefitted us with incentives for the past 3 months. I may have earned incentives amounting to Rs. 15,000 when I was terminated. I understand that the company did not follow the legal formalities laid down by the industries act before terminating me and never informed me of my rights to question the termination.
I was one of 20 people on the list of offenders. However, I was the only one terminated while others received verbal warnings or were put on an action plan. I contacted the company expressing my dissatisfaction with their decision, stating that I believe the case was discriminatory, and I was made a scapegoat. The company is now willing to rehire me but is not ready to compensate me for the days I spent at home without any work. I was at home for around 30 days without work or salary, continuously communicating with them to allow me to return to work.
For privacy reasons, I cannot disclose the company's name, but it's a BPO in Bangalore where I have been employed for over 4 years.
I have sought advice from a solicitor, who assured me that the company will reinstate me and be compelled to pay me for the days I was idle at home. However, I am concerned because the solicitor is pursuing legal action. If the company decides to retaliate legally, can they have me arrested? If that's the case, I would consider returning to the company without following my lawyer's advice. My lawyer believes the company lacks the right to have me arrested as they failed to conduct an inquiry and adhere to the rules of the Industrial Disputes Act. I trust your expertise; can you confirm if the company can have me arrested on grounds of misconduct?
From India, Thane
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1I shall explain what happened. I work for a BPO. On verbal guidance and assurances from some seniors, a few friends and I indulged in malpractices that benefitted us with incentives for the past 3 months. I may have earned incentives amounting to Rs. 15,000 when I was terminated. I understand that the company did not follow the legal formalities laid down by the industries act before terminating me and never informed me of my rights to question the termination.
I was one of 20 people on the list of offenders. However, I was the only one terminated while others received verbal warnings or were put on an action plan. I contacted the company expressing my dissatisfaction with their decision, stating that I believe the case was discriminatory, and I was made a scapegoat. The company is now willing to rehire me but is not ready to compensate me for the days I spent at home without any work. I was at home for around 30 days without work or salary, continuously communicating with them to allow me to return to work.
For privacy reasons, I cannot disclose the company's name, but it's a BPO in Bangalore where I have been employed for over 4 years.
I have sought advice from a solicitor, who assured me that the company will reinstate me and be compelled to pay me for the days I was idle at home. However, I am concerned because the solicitor is pursuing legal action. If the company decides to retaliate legally, can they have me arrested? If that's the case, I would consider returning to the company without following my lawyer's advice. My lawyer believes the company lacks the right to have me arrested as they failed to conduct an inquiry and adhere to the rules of the Industrial Disputes Act. I trust your expertise; can you confirm if the company can have me arrested on grounds of misconduct?
From India, Thane
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Hi Andreyluvs!
Just to summarize the facts: You were involved in some wrongdoing, benefited from it, the company found the misdeed, terminated you, and left others. Now, they are even ready to take you on board while you want to press for compensation for the days lost in negotiation.
Well, let me tell you one thing very clearly. Irrespective of the solicitor's opinion (with due respect to him and his experience), here's one rule of law which is widely valid in a court of law, and it will throw open all your defense - "You can't approach the court with unclean hands."
You committed a misdeed. You yourself have accepted that, and the company is legally allowed to take action on that, to which you also agree. As soon as this reaches the court, your case will be over, and then the story will turn around by the Company pressing for loss of reputation, misconduct, etc., and you will be in deep trouble. You should have been grateful that the company has agreed to take you on board despite you acting malafide. But instead, you are trying to ask for compensation. You are inviting trouble on your own.
Coming back to the Industrial Disputes Act. They may have violations or non-compliance. But just answer me one thing - do such violations affect or justify your misdeeds? What you did was wrong, and you realize that yourself. And now, what you are thinking to do is even worse. So stop it before the damage could become even more substantial. Yes, they may be penalized for non-adherence to the Industrial Disputes Act and could be fined at max or face symbolic imprisonment. (Check out the statute if you don't believe me). But if they reverse the case on you, you will be pressed for Fraud, etc., and will land in big trouble.
(Note: Some people may tell you that the legal doctrine told by me is used more in Equity courts, but its usage and effect are also widely used in other cases too.)
Regards,
Puneet Sarin
+91-9899998952
From India, Gurgaon
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Just to summarize the facts: You were involved in some wrongdoing, benefited from it, the company found the misdeed, terminated you, and left others. Now, they are even ready to take you on board while you want to press for compensation for the days lost in negotiation.
Well, let me tell you one thing very clearly. Irrespective of the solicitor's opinion (with due respect to him and his experience), here's one rule of law which is widely valid in a court of law, and it will throw open all your defense - "You can't approach the court with unclean hands."
You committed a misdeed. You yourself have accepted that, and the company is legally allowed to take action on that, to which you also agree. As soon as this reaches the court, your case will be over, and then the story will turn around by the Company pressing for loss of reputation, misconduct, etc., and you will be in deep trouble. You should have been grateful that the company has agreed to take you on board despite you acting malafide. But instead, you are trying to ask for compensation. You are inviting trouble on your own.
Coming back to the Industrial Disputes Act. They may have violations or non-compliance. But just answer me one thing - do such violations affect or justify your misdeeds? What you did was wrong, and you realize that yourself. And now, what you are thinking to do is even worse. So stop it before the damage could become even more substantial. Yes, they may be penalized for non-adherence to the Industrial Disputes Act and could be fined at max or face symbolic imprisonment. (Check out the statute if you don't believe me). But if they reverse the case on you, you will be pressed for Fraud, etc., and will land in big trouble.
(Note: Some people may tell you that the legal doctrine told by me is used more in Equity courts, but its usage and effect are also widely used in other cases too.)
Regards,
Puneet Sarin
+91-9899998952
From India, Gurgaon
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Hello,
I tend to agree with Mr. Puneet Sarin's view.
Unless one examines the contract of employment between you and the company, it would be risky to express an opinion.
I hope that the legal advice you have received so far is based on such a contract of employment and not merely on your version of the episode.
Be that as it may, you committed the first offense. When the company found out, they terminated your employment but not of others. This could be because they may not have evidence in their cases.
Regardless of this, if they are willing to rehire you, I would not trust them blindly if I were you!
It could be that they have been advised that they ought to have followed stipulated procedures under applicable law. To cover that up, they could rehire you, maybe even pay you wages for the thirty days you spent at home. But after you join, they could still go after you, now following a procedure, and you would be helpless.
As to your wanting to prosecute the company, did someone advise you to do that, and if so, under what law?
In my considered opinion, you have no leg to stand on legally speaking, except if you raise an industrial dispute by going through conciliation, reference, and a Labour Court, fight the case (which could take anywhere around five years or so, and if the decision goes against the employer, you could always go in appeal, and the matter could get extended interminably. In such a case, you will be fighting on your money, time, and resources. If by then you remain unemployed, that would only add to your predicaments. If you approach civil law, the story will remain generally the same except that a civil court MAY award compensation but NO reinstatement, and the process will be even slower.
The company will, in the first place, try its best to prove that you are NOT a "workman" under the Industrial Disputes Act 1947. If it succeeds, your chances of getting so-called "justice" will be extinguished!
You have life and a career ahead, and only you must decide as to what you wish to do!
Personally, I feel you should forget the episode as a bad dream, learn from the mistake, and carve out a future based on honesty, integrity, and commitment, however difficult it may be in the present situation.
Regards,
Samvedan
October 13, 2013
From India, Pune
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I tend to agree with Mr. Puneet Sarin's view.
Unless one examines the contract of employment between you and the company, it would be risky to express an opinion.
I hope that the legal advice you have received so far is based on such a contract of employment and not merely on your version of the episode.
Be that as it may, you committed the first offense. When the company found out, they terminated your employment but not of others. This could be because they may not have evidence in their cases.
Regardless of this, if they are willing to rehire you, I would not trust them blindly if I were you!
It could be that they have been advised that they ought to have followed stipulated procedures under applicable law. To cover that up, they could rehire you, maybe even pay you wages for the thirty days you spent at home. But after you join, they could still go after you, now following a procedure, and you would be helpless.
As to your wanting to prosecute the company, did someone advise you to do that, and if so, under what law?
In my considered opinion, you have no leg to stand on legally speaking, except if you raise an industrial dispute by going through conciliation, reference, and a Labour Court, fight the case (which could take anywhere around five years or so, and if the decision goes against the employer, you could always go in appeal, and the matter could get extended interminably. In such a case, you will be fighting on your money, time, and resources. If by then you remain unemployed, that would only add to your predicaments. If you approach civil law, the story will remain generally the same except that a civil court MAY award compensation but NO reinstatement, and the process will be even slower.
The company will, in the first place, try its best to prove that you are NOT a "workman" under the Industrial Disputes Act 1947. If it succeeds, your chances of getting so-called "justice" will be extinguished!
You have life and a career ahead, and only you must decide as to what you wish to do!
Personally, I feel you should forget the episode as a bad dream, learn from the mistake, and carve out a future based on honesty, integrity, and commitment, however difficult it may be in the present situation.
Regards,
Samvedan
October 13, 2013
From India, Pune
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. Legal action can be taken against the company for wrongful termination. No individual can be arrested solely based on misconduct allegations in an employment dispute.
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Dear Distressed:
Think before you ink; look deep before you leap! As you yourself have admitted that you have defiled your hands yourself, your best bet is now to leave your present employer 'respectfully,' and look for an alternate job. Your misdeeds must be a lesson for your future. And remember, self-justification is worse than the original sin.
Regards
From Pakistan, Karachi
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Think before you ink; look deep before you leap! As you yourself have admitted that you have defiled your hands yourself, your best bet is now to leave your present employer 'respectfully,' and look for an alternate job. Your misdeeds must be a lesson for your future. And remember, self-justification is worse than the original sin.
Regards
From Pakistan, Karachi
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(Fact Check Failed/Partial)-The user reply is incorrect. Legal action can be taken against the company for unfair termination. Seeking legal advice is appropriate to resolve the issue.
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Do not get unnecessarily involved in a legal case until and unless it is badly required. Legal cases take months to years. It may benefit you or it may backfire based on the company's stance or your stance on the issue. Secondly, it is like throwing stones at each other. In this case, if the company is involved in malpractice, you could be arrested and may be released on bail or due to lack of evidence of malpractice. However, it may pose a significant hurdle in finding a job elsewhere once a police complaint is filed.
If the company is willing to take you back, be grateful and start your job immediately. Avoid engaging in malpractices even if the earnings are lower. Consider the time lost (one month of sitting idle) as the cost of learning.
From Bangladesh, Dhaka
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If the company is willing to take you back, be grateful and start your job immediately. Avoid engaging in malpractices even if the earnings are lower. Consider the time lost (one month of sitting idle) as the cost of learning.
From Bangladesh, Dhaka
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(Fact Check Failed/Partial)-The information provided in the user reply is partially correct. However, it is important to note that an employer cannot directly arrest an employee for misconduct. It is advisable to seek legal counsel for specific advice.
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Hi,
My simple advice to you is to drop all litigation moves against the company since it is willing to take you back. You cannot stay on in the company after the court process, whichever way the judgment goes, likely against you though! Really, I found your proposed action funny after admitting wrongdoing and actually so. You are not showing any remorse for your wrong deed. One would have expected that you will take the offer silently and calmly resume work and stay clean going forward! Wonders... will never end.
Olarinde
From Nigeria
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My simple advice to you is to drop all litigation moves against the company since it is willing to take you back. You cannot stay on in the company after the court process, whichever way the judgment goes, likely against you though! Really, I found your proposed action funny after admitting wrongdoing and actually so. You are not showing any remorse for your wrong deed. One would have expected that you will take the offer silently and calmly resume work and stay clean going forward! Wonders... will never end.
Olarinde
From Nigeria
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(Fact Check Failed/Partial)-The user reply contains incorrect information. It's important to note that legal actions can be taken against the company for wrongful termination and lack of due process. It's advisable to proceed with legal counsel to protect your rights.
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1. It would be foolish on your part to take legal action when the BPO is willing to take you back despite all your misdeeds. You should be thankful to the company.
2. You are only losing 30 days' salary and nothing else. Do you know the cost of legal charges and the years it will drag on? Therefore, you are losing nothing.
3. Write a thank-you letter to the BPO for taking you back, rejoin them, work with honesty and diligence, and do not fall prey to bad company. This will lead you to higher stages in your career graph, not just a quick profit by dishonest means. Act with wisdom. Honesty is the best policy.
Wish you all the best. JD
From India, Mumbai
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2. You are only losing 30 days' salary and nothing else. Do you know the cost of legal charges and the years it will drag on? Therefore, you are losing nothing.
3. Write a thank-you letter to the BPO for taking you back, rejoin them, work with honesty and diligence, and do not fall prey to bad company. This will lead you to higher stages in your career graph, not just a quick profit by dishonest means. Act with wisdom. Honesty is the best policy.
Wish you all the best. JD
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. Taking legal action is a right if there are legal violations. The company cannot arrest without proper legal grounds.
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Thank you, everyone. I appreciate all of your remarks and advice. Just as my mother advised, going legal will not bring any good; your opinions and valuable advice have confirmed my doubt. I would have done a folly. I cracked an interview and have obtained a joining letter.
Thanks heaps.
From India, Thane
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Thanks heaps.
From India, Thane
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(Fact Check Failed/Partial)-The user reply is incorrect. Going legal in this situation is valid and seeking legal advice is appropriate given the circumstances.
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Dear Friends,
It is indeed wonderful to see that all have advised us on righteousness, discipline, integrity, and professional ethics. Unless it is fictitious, this chap is lucky to have landed another job. He should know that the people primarily affected by our misconduct are our co-workers. By our misconduct, we are betraying the trust reposed in us by our friends and co-workers.
It is nice to be among all of you.
Vazgha Vallamudan. Iyer R N
From India, Madras
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It is indeed wonderful to see that all have advised us on righteousness, discipline, integrity, and professional ethics. Unless it is fictitious, this chap is lucky to have landed another job. He should know that the people primarily affected by our misconduct are our co-workers. By our misconduct, we are betraying the trust reposed in us by our friends and co-workers.
It is nice to be among all of you.
Vazgha Vallamudan. Iyer R N
From India, Madras
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(Fact Check Failed/Partial)-The user reply does not directly address the legal concerns raised in the original post. It focuses more on general advice on ethics and professionalism. No specific legal advice or information is provided.
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If the employer is willing to take you back, rejoin them. At the same time, try for another job. Probably, they will initiate action against you, complying with all formalities as said by Samvedan.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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(Fact Check Failed/Partial)-The user's reply is incorrect. The statement about the company initiating action against the individual and the potential for arrest is not accurate based on the provided information.
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(Fact Check Failed/Partial)-The user's reply contains inaccurate information. The legal concept mentioned, "You can't approach court with unclean hands," while relevant in certain cases, does not fully apply to the situation described. Additionally, the potential consequences outlined for the individual are not entirely aligned with the legal realities in this context. The user's advice to stop pursuing compensation and return to work without listening to the solicitor's guidance may not be the most prudent course of action given the circumstances described.