Hello,
My previous company has issued me a notice from the legal team asking for a recovery of a hefty amount on the pretext of mis-selling and wrong commitments to the client. However, I have already served the full notice period, received the Full and Final payment, as well as an experience letter from the employer. The company has refunded the money to the client, incurring no cost, yet they are demanding a recovery and accusing me of cheating and criminal breach of trust. I have already provided a written apology to both the organization and the client.
Can a company claim a recovery or take legal action against a former employee? Do my previous company have the right to involve and inform my current company, even though the background verification process is completed? Am I liable to pay the recovery amount, considering they have deducted some amount from my Full and Final payment under the pretext of another incident?
From India, New Delhi
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My previous company has issued me a notice from the legal team asking for a recovery of a hefty amount on the pretext of mis-selling and wrong commitments to the client. However, I have already served the full notice period, received the Full and Final payment, as well as an experience letter from the employer. The company has refunded the money to the client, incurring no cost, yet they are demanding a recovery and accusing me of cheating and criminal breach of trust. I have already provided a written apology to both the organization and the client.
Can a company claim a recovery or take legal action against a former employee? Do my previous company have the right to involve and inform my current company, even though the background verification process is completed? Am I liable to pay the recovery amount, considering they have deducted some amount from my Full and Final payment under the pretext of another incident?
From India, New Delhi
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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 not have 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 deducted some amount from my F&F payment on pretext of another incident." If the company has deducted some amount, then why have they sent a legal notice? Please explain this point also.
Thanks,
Dinesh Divekar
From India, Bangalore
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8034Please 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 not have 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 deducted some amount from my F&F payment on pretext of another incident." If the company has deducted some amount, then why have they sent a legal notice? Please explain this point also.
Thanks,
Dinesh Divekar
From India, Bangalore
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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 suit which is maintainable even after the termination of the contract. Therefore, you should either engage your lawyer to defend the case or 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 an email to your current company and spoil your career very well. Clearing the background verification does not guarantee any job permanency, but any employer who comes to know about this kind of behavior of an employee will keep an eye on him.
From India, Kannur
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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 an email to your current company and spoil your career very well. Clearing the background verification does not guarantee any job permanency, but any employer who comes to know about this kind of behavior of an employee will keep an eye on him.
From India, Kannur
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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
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From India, Bhubaneswar
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Just because you have been relieved from the company, received your experience certificate as well as your F&F amount, this will not deter your ex-employer from pursuing legal action against you.
As correctly advised by senior members, please contact a good lawyer and proceed as per their advice. Keep copies of all correspondence you have had with the company for reference.
From India, Aizawl
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As correctly advised by senior members, please contact a good lawyer and proceed as per their advice. Keep copies of all correspondence you have had with the company for reference.
From India, Aizawl
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It is very unfortunate that you dug your own grave by sending an apology letter to the company without 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 communications without consulting a lawyer of your choice. It would be better to post the notice sent by the employer. You can also consult at 8093097934 if you feel it is appropriate on your part.
From India, Mumbai
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Do not reply to communications without consulting a lawyer of your choice. It would be better to post the notice sent by the employer. You can also consult at 8093097934 if you feel it is appropriate on your part.
From India, Mumbai
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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
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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
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