How To Recover Dues From Employer In Case Of Physical Abuse - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Octavious
Hr Manager
Cite Contribution
Community Manager
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Hi All, Good Evening.
I am a physically handicapped person and I was physically abused by my ex employer. I had to resign that company to keep alive my self esteem. Now my employer has kept my due from company on hold and want me to finish pending work where reality is that there is no such issue of pending work. How should i approach this and recover my due?

Dear Kaushaldev,
What has happened with you is quite unfortunate. Nevertheless, before putting forth any suggestions, it is pertinent to ask few questions. What type of job did you do? Were you capable of doing that job? What was the accuracy rate of your work? When did you resign from your duties? Did you submit proper letter of resignation? If yes, then did you take clearance from all the departments and followed the due process of the separation? With whom did you correspond for the clearance of your dues? What do they say?
You allege your past employer for physical abuse. But then do you have evidence of the abuse? How many times he abused you? Why you did not lodge police complaint immediately?
Please clarify these questions. Suggestions from the seniors could follow thereafter.
All the best!
Dinesh Divekar

Dear Mr. Dinesh,
I had no plans to resign before that physically abusal incident. I was looking after customer accounts at that time and my profile has been changed just before a month. That incident captured in CCTV camera of office and in case of police inquiry I can request them to check CCTV footages of that perticular day and time. After physical assualt on me I had mailed my resignation to my ex boss and as he had threatened me to ruin me I can not afford to give him more days for hand over and take over process. Still, at that day I had handed over my lap top and data to next immediate successor and even after left the organization when ever my immediate successor has called me for advice in performing her work I have always helped her. I have not lodged any police complain yet.
Pls. advice.

Dear member , Please switch to the anonymous mode. I am transferring your post to the labour law forum . Looking forward to hear from our experts
Dear friend,
Whatever provocation may be, nobody can launch physical assault. If you were confident of the evidence in the form of CCTV footage of the physical assault on you then you could have lodged the police complaint immediately after the incident. By now employer might have erased the particular clip from the records.
Police complaint apart you could have handled the matter differently. You could have resigned and completed the clearance from the company. Now employer might turn table against you as yours could be a case of "Abandonment of Employment".
Even now also you can go back and complete the process of separate and then claim the dues. Legal route can be adopted if your employer refuses to pay the dues.
Thanks,
Dinesh Divekar

Dear Kaushaldev
Please approach national disability commission , link is provided below, they have provision for making complains.
Home: Office of the Chief Commissioner for Persons with Disabilities, Government of India
You should ideally file a criminal case in local police station for assault you suffered and for criminal breach of trust, if police is reluctant to file a complain, then approach local court and file a private complain.
Upon performance of above procedures, you will automatically get an apology and also your dues from your ex-employer.
Regards
Octavious

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