Employee (Senior level) was serving a notice period (3 months) just 10 days before the last working day when the company's legal team initiated an investigation against the employee. The legal team issued a suspension notice stating suspension pending an inquiry. During the investigation, the allegation was that one of the employee's team members had used the company's laptop to do screen design for another company. The legal team was trying to corner the employee by suggesting that his team member did the work based on his manager's request. However, the legal team was unable to prove that both the employee and his team member used the company's laptop for other work. Meanwhile, the legal team was unable to conclude their investigation, and the company extended the employee's last working day by an additional 13 days. At the end of the 13th day, the company was forcing the employee to accept a Show Cause notice, which was completely irrelevant to the context of the investigation. Therefore, the employee did not take the Show Cause notice and surrendered all company assets, including the ID card.
The employee consulted with a lawyer, who advised that the company cannot extend the last working day once separation is accepted. The employee intends to explore other opportunities. However, the company's HR and legal departments are not relieving the employee. What are the next steps? Can the employee go to the media and send a proper legal notice? Any other suggestions are welcome.
From India, Hyderabad
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The employee consulted with a lawyer, who advised that the company cannot extend the last working day once separation is accepted. The employee intends to explore other opportunities. However, the company's HR and legal departments are not relieving the employee. What are the next steps? Can the employee go to the media and send a proper legal notice? Any other suggestions are welcome.
From India, Hyderabad
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Do not go to the media. Go to the labor department and ask for relief. They are not relieving this person after severance; hence, they are threatening him with lawsuits if he does not continue to work. This is extortion under Section 383 of the Indian Penal Code. You can file a police complaint and also mark a copy to the labor department. You can leave after your notice period; they can take no action if we presume what you said above is true.
From India, Kolkata
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186From India, Kolkata
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Being a senior person, you may not get the covet from the labor department, since your position does not come under the definition of labor as per ID act. Better consult a good lawyer who will guide you and issue relevant notice to them based on the evidence you have.
From United+States, San+Francisco
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From United+States, San+Francisco
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I am not very clear on this. If they have given you a suspension, that means you are not working. Still, they want to extend your work period with them. They have issued you a show cause that you have not accepted. They can always show you refused to accept it. They are refusing to relieve you.
I assume you want to join the next company, and the relieving letter and a good background check are needed. Taking a legal stand is not going to really help if you want a clean release. Instead, you should be sitting with the management and prove to them that you have not done anything wrong and that the allegation is false. Just saying they could not prove it is not going to help you.
From India, Mumbai
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I assume you want to join the next company, and the relieving letter and a good background check are needed. Taking a legal stand is not going to really help if you want a clean release. Instead, you should be sitting with the management and prove to them that you have not done anything wrong and that the allegation is false. Just saying they could not prove it is not going to help you.
From India, Mumbai
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