Dinesh Divekar
Business Mentor, Consultant And Trainer
SrinivasPB
Hr&marketing

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Hi, I have transferred an excess amount for an employee at the time of his F&F. i need to recovery the amount and sent him multiple reminder emails and he is not ready to return the amount now i need to send him a company legal notice. Please help me with the mail template.
Dear Shalini,
Sometimes mistakes of this kind do happen. Therefore, before clearing the FnF settlement, one has to be doubly cautious.
Anyway, the lesson is learnt in hindsight. As of now, I recommend you find out the company where the employee has joined. Send the letter to the MD of that company. Possibly this could prove far more effective than a lawyer's notice. Secondly, please make sure that while sending a notice to the MD let it be signed by the MD of your company. Otherwise, if you wish to send it at the level of GM or VP, let his/her counterpart sign the notice.
Whoever signatory maybe, in the Appendix of the letter gives a calculation of the excess payment and how the funds were transferred to his account.
Thanks,
Dinesh Divekar

Hi Dinesh,
Thanks for the suggestions, But as of now the employee is jobless. He got a job but because of covid19 they has cancelled the offer.
We have already sent an email requesting him to return the excess amount back, since he is jobless he is not ready to pay back.
Kindly help me with further steps

Dear Shalini,
If the employee is jobless then the only remedy left is to file a police complaint. However, before filing a police complaint, send a letter by speed post to him informing him what could happen if he does not pay back the excess amount. Write in the letter that if the police complaint is filed then it will be mentioned in Background Verification (BGV) whenever his prospective employer approaches your company for the verification.
In this letter also clearly what were his dues and what excess amount has been paid.
Thanks,
Dinesh Divekar

Thanks Dinesh, i guess this works. Kindly help me with a mail draft on the same.
Hi Shalini,
I see Dinesh has been very clear and has provided you the possible solutions. Here is an article that I stumbled upon a while back. You can glance it over for further info.
Article- https://rplg.co/aac0d400
Best Wishes

Hi Shalini,
What is the extra amount transferred to employee wrongly ?
If the amount is minimum, the amount can be waived off considering the misery condition of the person. The lodging of case will put both the parties in problem;
(i) You can not blame someone for your mistake
(ii) Are you 100% sure of the calculation and is as per law ?
Keep in mind, when mine is mined 60% debris comes out with ores, now you decide what to be done.

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