Money is stuck with a company/ file a defamation case - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Ashi789
Model/actor

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Hi
I am a model n was working with an agency. When things were nt going well (career wise), I decided to quit. Sent them the notice via email that I wish to quit because nothing is happing in my career n also they did nt make payments in time. As per the contract, I had to.serve 3 months notice, which I did n aftee that joined a new agency.
Now the old Agency has my money n is unwilling to give it back. They don't reply to mails n messages and even if they do, the response is too rude.
How and where can I file my case?

Dear Ashi,
You have written your post but you have not mentioned whether you were regular employee of the agency. If yes, then have you been issued with the appointment letter? You have mentioned about your contract. Are you referring appointment letter as contract?
Going further, you have written that "they did nt make payments in time". What kind of this payment is? Is this your monthly salary or assignment based fee?
Whether appointment letter or contract, you need to honour provisions of it. Why you could not show patience of serving notice period and have smooth exit? You could have approached your employer, discussed your plans and could have explained how trade off can be made between your outstanding fee (or salary) and payment in lieu of notice period.
When you were selected, you must have been interviewed personally and your selection was not through e-mail. What applies to selection, same applies to exit as well. You could have asked for personal meeting with the employer before exit. You could have recorded Minutes of Meeting (MoM) and send these by mail. That could have been professional approach. If you had adopted this approach, then you could have acquired from them Service-cum-Employment Certificate. However, with the abandonment of employment, I doubt the company will provide this certificate. Non-possession of this certificate will be a handicap at least till productive years of your career.
Leaving behind unfinished business, you have joined new agency as well. We do not know whether it is regular employment or assignment based contractual arrangement. In either case, joining new company was unwise haste.
Legally speaking, you are still employee of the old company. They might have removed you from the rolls of their company but as stated earlier, by abandoning employment, you have weakened your case. Yes, terminating employee without conducting domestic enquiry is against the principles of natural justice. But proving their illegality through litigation would be onerous task. Therefore, go back to the old employer, talk to them and find out whether amicable solution emerges.
Lastly about filing defamation suit. The dictionary meaning of defamation is (a) a false accusation of an offence or a malicious misrepresentation of someone's words or actions (b) an abusive attack on a person's character or good name. As the meaning goes, provisions of defamation do not apply in this case. This is purely an employer-employee issue. This case comes under the provisions of the labour law.
Last note: - This is professional forum. Therefore, please use professional language and not SMS lingo!
Thanks,
Dinesh Divekar

Dear Ashi
It is very difficult to guide you on the basis of your posting. The description is insufficient to understand the case as a whole.
In view of insufficent materials Mr. Divakar has asked you to supplement further informations. In my suggestion you consult an advocate with all your documents pertaining to your employment/contract. Hope on basis of facts and figure the advocate can guide you further course of action.
It is advised to post the matter in details so that members of forum can guide suitably.
Regards

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