How Do I Retrieve Company Assets from an Ex-Employee Who Started His Own Business?

Dear seniors, I am working for an engineering service company and am seeking help from all of you. Let me explain the problem.

Employee Departure Issue

X worked for 2 years in our company. Two months ago, he resigned and left the company. He had taken an advance and a company laptop with him. He did not attend the exit interview because he started his own business in his hometown.

However, management is now asking me to retrieve those items. What is the procedure? Do I need to send a letter to his hometown address? How can I draft that?

Could you please suggest a way forward?

Thank you.

Dear User,

Your situation is slightly complex, but with the right steps, it can certainly be resolved.

📍 Step 1: Try to Contact the Employee Informally
Before taking any legal or formal steps, it might be helpful to try contacting the ex-employee informally. You can do this via phone, email or even WhatsApp. This is often the fastest and most cost-effective way to resolve such issues.

📍 Step 2: Send a Formal Letter
If the ex-employee does not respond to your informal attempts, the next step is to send a formal letter to their home address. The letter should clearly state:
- A brief explanation of the situation
- A list of company assets in their possession (laptop and the amount of advance)
- A request for the return of the assets
- A deadline by which the assets should be returned

📍 Step 3: Legal Action
If the ex-employee still does not return the assets, you may have to consider legal action. In India, the Indian Penal Code (IPC) has provisions for dealing with such cases. Section 405 of the IPC deals with criminal breach of trust, which may be applicable in this case.

Here's a sample of how the letter could be drafted:

Dear [Ex-Employee's Name],

We hope this letter finds you in good health. We are writing to you regarding certain company assets that are still in your possession post your resignation from [Company's Name].

As per our records, you have a company laptop and an outstanding advance of [Amount]. As these are company assets, we kindly request their return as soon as possible.

We hope to have these assets returned by [deadline, suggest 2 weeks from the date of the letter]. If there are any issues or concerns, please feel free to contact us.

Thank you and we wish you all the best in your future endeavors.

Best regards
[Your Position]
[Company's Name]

Remember, communication is key in these situations. Try to maintain a polite and professional tone throughout the process.

Best of luck in resolving this issue! 💼👍🏼

Please consult with your legal team before taking any legal action to ensure you are in full compliance with local laws and regulations.