Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Assistant Manager - Hr
Srinath Sai Ram
Hr Manager

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear seniors
I am in big trouble...please help me
I have been working in a company since last 10 months , they salaries were not paid on time , I have a heated argument with my boss and he told me to resign and look for another job
After that for three days I didn't go for work I was having health issues , I got message from my boss to resign or he will take disciplinery actions against me.
For self respect I resigned from there ..AS we were using our own laptop for work but due to some reason files get corrupted and not able to hand over the data (resumes of candidates) .Now he had given my number to legal advocate of that company and threating me for taking legal actions on me.

Dear Mr Anamika, Please inform whether your Resignation has been accepted by the Management? Further, you have stated that you were using your Own Laptop for Official Work. Now you are threatened by legal Advocate for not handing over Company Data comprising of Resumes.Please try to retrieve the data with the help of some expert, if you really mean that data in your Laptop is corrupted.
You need not worry about the threats by Legal Advocate.If you receive Notice in writing, Please reply suitably to prove your innocence.

Dear sir ,
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.

Dear Priya,
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.

1) Yes i had informed my manager about my sickness
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?

There are always defences
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

I had joined in june 2016 and worked till april...only salry till Feb had been provided . Thank you sir for sharing this. I did the same.
If he has not paid you, he is on a very sticky wicket. He can not get a relief from the court.
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.

Thank you mam, I am not the only one who has faced this in that company, many other M/F employees had gone through it. If the situation becomes more worst i will surely take this action against them.
Thank you all for your Guidance. I really appreciate the time you take out for helping the beginners like us.

1. I agree with what Saswata has mentioned.
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.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™