One of our employees quit a couple of months back after being in employment with us for 6 years. His final settlement is on hold due to some irregularities which were being investigated. In course of investigation it also evolved that he was in parallel employment with one of our competitors for approx. 3 months about an year back. He had submitted false documents there and had also forged relieving letter from our company. He was fired from that company as they got suspicious of his dual employment activity but unfortunately they did not inform us. I am in hold of copy of those forged documents now though this person does not know that I have dug out all these details.
We are a pvt. ltd. company and provide all benefits like LTA, Medical, ESI, PF, Gratuity. However, in this case, I don't wish to give him anything for his wrong doing and breach of trust.
Please suggest whether I can take a legal recourse against this employee now and whether I shall have to pay all his dues (last month salary, gratuity,etc) despite his misconduct.
An early reply would be appreciated as he is threatening to send a legal notice if we do not pay his dues within next 10 days.
From India, New Delhi