Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Cite Contribution
Community Manager
Aparajita Banerjee
Manager - Hr
Karun88
Hair Trainer

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Anonymous
Hi,
My name is karun working as a trainer in hair and beauty academy, my academy coordinator did wrong billing and theft 1 lac we came to know that only after her resignation, after that i took 5 days leave without information due to my illness i have proofs of blood test reports and bills, diagnosed as diabetic so i send my resignation through email stating that 15 days notice period. to reply that they said my leave without information took as serious misconduct and asked to work one month notice period asked me to give explanation of leave that i took and doctor fit certificate to work,without replying anything to them i went one day to my academy no one is there only housekeeping lady and some students are there so i took regular classes and left from academy after working time, the next day my reporting manager called me and said cash and some books are missing from academy i am the responsible for that ,actually i took my own makeup kit and books which given by manager to me,he said company will send legal notice to take action on me about theft. what should i do now if they sent any legal notice kindly help me.

From India, undefined
What is the purpose of legal notice when they can file an FIR in the Police Station? If you have not done anything wrong, why do you worry? Let them send the notice. You can file an FIR for harassment saying that they have been harassing you by saying that you have taken money etc and if they had any apprehensions, they would have filed a complaint before the Police instead of sending a legal notice. By sending the notice they are trying to blackmail and finally make you pay some amount to them. This should not be allowed.

Moreover, if there had happened any kind of misappropriation, the means to prove it is not by sending legal notice but the employer can very well give a show cause notice and charge sheet and conduct an enquiry to prove that you have done it. Without availing these or without following these steps which are important as far as enquiries relating to employer employee relationship are concerned, if they straight away go for legal notice, then there should be some conspiracy behind it.

Madhu.T.K

From India, Kannur
Dear Sir,
Thank you for your valuable reply,
Yes sir as you said they are going to send me show cause notice, the mistake I did is taking leave without informing them, but sir what should I do after receiving the show cause notice what it is actually!!?
Looking forward from you sir

From India, undefined
Your story has a lot of holes
There was a theft
As soon as it was discovered, you vanished for a week.
Then you came for a day, without prior notice on a day when no one was there. If the institute did not know you were coming, how did the students were waiting for you.
The company plans to send you a legal notice for recovery of cost of missing goods.
Action and reply can happen only after you get the notice.
Else, just go and speak to them to clarify the matter instead of waiting for them to issue the notice

From India, Mumbai
One generic question, doesn't your academy have any CCTV cameras? Ideally the counter is under the surveillance.
Please speak to a lawyer at your earliest, unless you have stronger proof to counter the charges put on you.

From India, Mumbai
I echo with Mr. Saswata Banerjee. There are lots of discrepancies in your information. Being absent for a week without information during such a calamity obviously invites suspicion towards you. For proving your innocence you ave to try little hard I guess. However take legal assistance and act accordingly as per the advice of the Lawyer.
From United States, New York
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