Insolvency N Gst Professional
Recruitment/talent Acquisition, Career Counselling
S B Pandey
Mktg Coordinator/service
+1 Other

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Dear All,

Need some advice. There was an employee in our company and he was asked to leave the company as there was an allegation on him that he took extra money from the vendors working for the company. It's an event management company and lot of vendors are hired for getting the job done. As far as I know this vendor paid the money to this employee after the successful completion of this event and gifted him the amount on his wedding, which the company got to know somehow and I dont think this is in any way relates to company as this was an affair outside of the office. He was called and was asked to resign and was sent back home. All other employees also are presuming that since he was a highly paid employee and they did not had any event in hand for at least an year therefore they just used this reason to kick him out of the company so that they do not have to pay him such a huge salary. His full n final is not settled yet. He has been writing emails asking for his full and final but there is no response from the management. The reason that they are giving now is that certain financials of one of the event is not closed yet therefore they will not pay him unless it is reconciled and closed. If this is the case they should have given him time to close all the accounts. He as asked to leave on July 7th, 2015 and his june salary was also not given. Is there a legal way that he can take to claim his money. Please advice.
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What I can make out is that employee was dismissed on the basis of allegations which have not been proved.
The termination may be illegal in such cases.
Mere suspicion cannot be basis of dismissal.
However as far as your query for pay goes,ex employee is very much entitled for the same and can take legal remedies for his entitled pay.
Closure of one event cannot be endlessly prolonged and the excuse will wear thin if it is legally challenged.
Hello KC82, ARE YOU the employee concerned? Just a thought....based on your wordings, I get that feeling. Rgds, TS
No i am still very much a part of that company and the ex-employee was my manager. The reason why i am asking is because there are several unethical practices happening in here and we all are a victims. We don't know when our turn comes and we get into such a situation. We all want to help our manager out at the same time want to know what are the rights of an employee.
In my opinion, you should work out his full N final dues by all means and settle the account once for all including June Salary. Instead if the person owe any money to the company, you should serve him a legal notice for its deposition. Vice versa please pay him the money what ever it comes to his credit.
""what are the rights of an employee.""
Right to be paid in time.
Right to fair treatment and not to be terminated without following due processes.
Equally an employee must work faithfully.avoid the temptation to make undue gains from company transactions and show loyalty to company.
When obedience to law clashes with company interest then law is more important.
The employee concerned may not be covered under provisions of Payment of Wages Act.
Employee can contest his unilateral termination if he wishes,provided he has a clear record.
The employer should not be able prove any charges of taking any favours from vendors.
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