Partner - Risk Management
Principal Hr Consultant
Senior Hr Executive
Srinath Sai Ram
You need not worry about the threats by Legal Advocate.If you receive Notice in writing, Please reply suitably to prove your innocence.
20th May 2017 From India, New Delhi
The resignation is not accepted by him , i tried to reterive the data but only some of the Excel sheets are recovered that contain information of candidates whom we called as I worked in consultancy. I have handed over that to my manager.
Even the ID that we have is on Gmail not on company domain.
I wanted to know that after resignation company can take any legal action against employee ?
He want to ruin my carrer which he tells everyone on the floor because we had heated argument and as a girl I cannot tolerate his lousy comments.
20th May 2017 From India, Ghaziabad
There is nothing to worry in the matter, every situation can be handled.
But, there are few questions, before anyone could answer your query.
1. We said that you didn't went to work for next 3 days, Did you informed your office about your leaves?
2. How the files get corrupted and how much files were get corrupted?
3. How you recovered some of the corrupted files?
4. How you tendered your resignation?
5. Is any legal person / advocate contacted you in any manner?
If you could answer this, someone will help you in better manner.
20th May 2017 From India, Delhi
2) As we are recruiters we have so many resumes and i have worked for 10 months there it is impossible for me to store data in my own laptop, there were 7 excel sheets in total from which 5 have been handed over. Please let me know if the data of the company is so important why they force employee to bring there own resources at work?
3)Using recovery software I have recovered the data, but not all data is recovered
4) I had resigned through mail on which didn't get the approval yet
5)yes, the legal advocate of company has contacted me asking for data.
The question is if company is asking employee to bring their own laptops and never pays a penny for its maintenance then how can they threaten to handover data, this is compulsion on employee to maintain data even if it is of no use to the company?
20th May 2017 From India, Ghaziabad
A good lawyer will be able to help decide what to say
You said salaries were not on time. You have not said whether you got paid for the time you worked. The answer would depend on that and other facts.
Without knowing all the fact, it's difficult to give an answer, but I think you can tell the lawyer next time he calls, that we were not paid, we were not even provided laptops and the file is deleted it can't be recover. He can do what he wants and that you will reply including filing criminal case with the police for harassment
I think you are a girl (your name is not visible in the post), threat of FIR for intimidation and harassment generally scares the other party
21st May 2017 From India, Mumbai
You may take pre-emotive action by going and filing a NC with the local police station, naming both the employer and the lawyer for harassment and criminal intimidation
Don't give his name for reference check. If you are using the experience for future jobs, make it clear to HR the circumstances you left the company, including the fact of non payment of salary, verbal abuse, etc so they know that they are going to get a negative in BVG anyway.
22nd May 2017 From India, Mumbai
Thank you all for your Guidance. I really appreciate the time you take out for helping the beginners like us.
22nd May 2017 From India, Ghaziabad
2. Raise an industrial dispute by approaching labour department. Claim your dues, calculate every thing which was due but not paid including maintenance of your laptop.
3. Have they served you any letter or notice. Can you share that?
4. They cant do any thing.
24th May 2017 From India, Thane