How We Resolved an Unemployment Case with Labor Inspector's Guidance

Dear Seniors, I would like to thank you all for your kind support and suggestions in the thread below: https://www.citehr.com/433751-unempl...r-company.html

Updates:

A labor inspector visited our company premises seeking clarity on the issue. The appointment letter, along with all email communications with the employee in question, was shown to him.

He suggested that we pay the salary for the month, less the salary in lieu of the notice period, i.e., 30 days liability - 15 days notice = 15 days salary. We were advised to issue a check for 15 days' salary along with a Full and Final (F&F) statement and a no-due certificate via registered post. Additionally, we were instructed to deposit a copy of the same to the labor department. Therefore, I believe the issue has been resolved as of today, unless the employee has further actions to take.

Thank you all once again.

I presume you are treating the matter closed with this arrangement. Fine, no issues. But, for the sake of curiosity, I have some questions to ask you. Is there a possibility that the Lab Inspector has some connection with your former employee? This impression arises due to the insistence on the issuance of an NDC. I have a feeling that the Inspector might have received something in return for promising the NDC. It seems he is not going to leave you. Currently, you can only resolve the NP of 15 days. What happened to your decision to 'delete the data'? Have you considered the impact of this decision? It appears that no handover has taken place, correct? Assuming there is nothing to hand over, let it be on record that she didn't hand over anything. If I were in your position, I wouldn't issue the NDC in this matter. Let it be as it is.

Regards,
Kumar S.

Kumar S has a point—what happened to the 'deleting the data' issue? Whether the Labor Inspector did a deal with your ex-employee or not is not an issue from your end—that's between both of them, and it's their problem. But where you definitely need to exercise caution is to ensure the company's interest is protected.

Another angle to the 'deleting the data' issue could be the example you may be setting for other employees in such situations—it could be dangerous in the long run. Regarding giving the NDC to the employee, I think it shouldn't matter a lot—as long as you get everything in writing.

Regards,
TS

I appreciate your concern and observation. Thank you! We've analyzed the same at our end. Like I've also mentioned in the master thread, it is difficult to prove that she deleted the data. It would be pointless to fight on such grounds as the matter would never be settled. To put an end to this gratuitous argument and weigh the loss the company had due to such data thrash, this was a graceful end. This might not be the end of it if the employee further goes and claims more than what is entitled. In that case, the company is ready to engage in a fracas.

Regards