My brother is owning a franchise of fashion designing institute, and the institute is just 1 yr old. He hired one counselor for students admissions and other office work. The employee worked till 17th March 2020 and applied for 15 leaves as her mother was ill. There was lock-down in Maharashtra sice 24th March 20. After 15 days leave we messaged her if she can come on 15th April and join, as she is the only one employee working, she denied stating, the transports are closed and can't come. We agreed. But in that duration without informing the director , she was taking online classes but she was never asked to work from home. When my brother came to know about this he asked her why she did not inform him about online classes. She replied unprofessionally. Basis on discussion with the head of the franchisee and my brother as owner , we decided to terminate her due unprofessional behavior, and absenteeism in May 2020.
We are ready to pay her salary for March 2020 for the nos. of days she worked as her FNF amount i.e(20000 approx) But she is now not agreeing to it as she is asking for 65000 which calculates her march, April and may salary and leaves and incentives. We disagreed to her calculation and agreed to pay what her salary. Now she and her father are threatening us by saying they will go to court and this will be dangerous for us :
1- We never issue her any appointment letter, as we are still in process to put policies in place.
2- She had given a written leave application , which now she is saying she was forced to take leaves.
3- We are ready to pay her actual salary for days she worked in March.
4- When we called her for discussion she clicked photos from an enquirer file without the director's permission,which was an admission confidential data.
Now in this case can she file a legal case against us in labor court? if yes on what points. and how do we move towards smooth closure.
Pls help with best advice. Thanks for your valuable time
From India, Pune