I need some suggestions and guidance on the same. I was working with one of India's leading media companies for the last 8.5 years and have a very impressive record with them. For the past 3 years, I have been assisting my wife in establishing an online business. All the money generated from this business goes directly into my salary account as she does not have her own bank account. Therefore, I handled all financial transactions for her, and out of the total amount of 9 lakh earned in two years, only 2 lakh was profit, while the rest went towards expenses and fees for other freelancers.
All payments and fees were processed through my account. I have evidence of all transactions. Additionally, a journalist acquaintance of mine wanted to launch a website and, due to my expertise in the field, I helped him set everything up. Over 2 years, he transferred around 6.5 lakh rupees to me for hosting fees, SEO, and Facebook promotions. I have documentation for all these transactions which were conducted in good faith. Although I did not take any commission from these dealings, I made the mistake of receiving all the funds in my account before distributing them to the relevant parties.
Another oversight on my part was not informing my current company about these activities. It was a careless error on my part, as I had no intention of deceiving the company. Unfortunately, the company eventually discovered these transactions and terminated my employment without prior notice, suspecting that I was outsourcing work to their employees, which was not the case, and they had no evidence to support this claim.
During the internal investigation, I acknowledged the excess amount transferred to my account but clarified that the funds were used to pay others, and I could provide evidence of these transactions. Despite this, they terminated my employment, citing unethical behavior and violation of company policies. I accepted the decision and completed all necessary procedures, including handing over official responsibilities. I was assured that my full and final settlement, including an experience letter, would be processed within 45 days.
However, it has been over 90 days, and there is still no clarity regarding my experience certificate and final dues. Despite numerous verbal and email assurances, I am yet to receive the necessary documents. This delay has hindered my ability to seek alternative employment and initiate my PF withdrawal process. When I pressed for the settlement of my final dues after 91 days, I received a notice demanding repayment of the entire 15.35 lakh rupees I had earned as "excess income" within 7 days, or they would forfeit my gratuity and any other outstanding dues and initiate legal action to recover the alleged overpayment.
The notice only considers the total income received without accounting for the expenditures made from that amount. I have all the bills and evidence of payments made to individuals who contributed to the website. I carefully reviewed the company's clause, which states that any work created or performed by me during employment belongs exclusively to the company. However, I fail to see how the work in question qualifies as their intellectual property, as it is unrelated to my assigned tasks and does not utilize any company resources. While the content pertains to the same industry, the intellectual property rights belong to the journalist I assisted.
I seek guidance on how to proceed with this matter. How strong is my case, and should I pursue legal action to recover my approximately 4 lakh gratuity and 5.5 lakh PF? Any advice would be greatly appreciated.
From India, Delhi
Acknowledge(0)
Amend(0)
All payments and fees were processed through my account. I have evidence of all transactions. Additionally, a journalist acquaintance of mine wanted to launch a website and, due to my expertise in the field, I helped him set everything up. Over 2 years, he transferred around 6.5 lakh rupees to me for hosting fees, SEO, and Facebook promotions. I have documentation for all these transactions which were conducted in good faith. Although I did not take any commission from these dealings, I made the mistake of receiving all the funds in my account before distributing them to the relevant parties.
Another oversight on my part was not informing my current company about these activities. It was a careless error on my part, as I had no intention of deceiving the company. Unfortunately, the company eventually discovered these transactions and terminated my employment without prior notice, suspecting that I was outsourcing work to their employees, which was not the case, and they had no evidence to support this claim.
During the internal investigation, I acknowledged the excess amount transferred to my account but clarified that the funds were used to pay others, and I could provide evidence of these transactions. Despite this, they terminated my employment, citing unethical behavior and violation of company policies. I accepted the decision and completed all necessary procedures, including handing over official responsibilities. I was assured that my full and final settlement, including an experience letter, would be processed within 45 days.
However, it has been over 90 days, and there is still no clarity regarding my experience certificate and final dues. Despite numerous verbal and email assurances, I am yet to receive the necessary documents. This delay has hindered my ability to seek alternative employment and initiate my PF withdrawal process. When I pressed for the settlement of my final dues after 91 days, I received a notice demanding repayment of the entire 15.35 lakh rupees I had earned as "excess income" within 7 days, or they would forfeit my gratuity and any other outstanding dues and initiate legal action to recover the alleged overpayment.
The notice only considers the total income received without accounting for the expenditures made from that amount. I have all the bills and evidence of payments made to individuals who contributed to the website. I carefully reviewed the company's clause, which states that any work created or performed by me during employment belongs exclusively to the company. However, I fail to see how the work in question qualifies as their intellectual property, as it is unrelated to my assigned tasks and does not utilize any company resources. While the content pertains to the same industry, the intellectual property rights belong to the journalist I assisted.
I seek guidance on how to proceed with this matter. How strong is my case, and should I pursue legal action to recover my approximately 4 lakh gratuity and 5.5 lakh PF? Any advice would be greatly appreciated.
From India, Delhi
Acknowledge(0)Amend(0)
Your PF amount cannot be touched by the company. Nowadays, direct withdrawal is possible from EPF. Company's intervention or signature is not needed. As far as your other points are concerned, you need the help of a lawyer who can discuss with you and file a legal case to redeem your honor and FNF.
From India, Pune
Acknowledge(0)Amend(0)
3251From India, Pune
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Company Letter for Completion 01 Month Notice.docx
Company Profile.ppt