Facing Blackmail and Withheld Pay: How Can I Legally Challenge My Superiors?

I agree that I will resign, but I want to know how to deal with this matter where all things are being manipulated by 2 or 3 people. One of my immediate superiors is holding my incentive check from the last financial year 2012-2013 and is blackmailing me to tender my resignation. Additionally, with his email, only my salary and expenses for April and May are being kept on hold. How can I proceed with a legal case against these superiors who are not only manipulating but also tarnishing the company's reputation? Please suggest a letter that I can write to the Managing Director of the company and the labor court. In fact, they have done the same with 4 to 5 other people.

Nobody can withhold your salary for any reason whatsoever. Reasons, if any, can be contested later by the employer and settled before the appropriate committee within the company or at the "Commissioner of Labor office" if settled out of the office.

Analyzing the Situation

Before advising you on any further steps regarding legal action, let's first analyze if we have a better way to settle the matter amicably and in favor of who is right. You have posted only your side of the story. Please elaborate more so we can advise you better.

Approaching Management

Besides, it's my experience that rather than writing letters initially, it's better to approach the Managing Director (MD) and HR personally on such matters. Remember, your salary is your "livelihood," and by not paying you your salary without valid reasons, it is denying "justice" to you and your dependents and amounts to a serious offense in the "eye of the law" and "society."

Regards,
Ukmitra

While concurring with what Ukmitra mentioned, there also seems to be some mix-up in the facts you presented or a miss-out. You mention that your 2012-2013 incentive check is being withheld, which means that as per the company records, the incentive has been paid to you, except that it has not yet been encashed. Again, you mention that "only my salary and expenses of April and May are kept on hold." Does this mean that your 2012-2013 incentive, April, and May salaries are all being withheld?

You also mention in the beginning "I agree that I will resign" and later "......blackmailing me to tender my resignation." Please elaborate. Suggest mentioning clearly what the situation is, so that the members can give the most apt suggestions.

Regards,
TS

There is no mix-up in the facts you presented or a miss-out. We have all our amounts, such as salary, incentive, and expense amount, transferred through the bank into our savings account. I mentioned that my 2012-2013 incentive check was issued by the company, and this cunning manager of mine may have intentionally persuaded the company to send this amount. Though the check has been issued, this manager of mine currently possesses it. This implies that according to the company records, the incentive has been disbursed via check through my immediate manager to me, and that check has not yet been cashed by me or handed over to me.

Additionally, not only the incentive but my salary and expenses for April and May are being withheld as per the manager's request to the company. The company representative responsible for processing these payments informed me that "we have held the payments as per your manager's instructions." I am seeking advice on how to proceed with writing an email to the Managing Director and HR Head to address my concerns, and also considering taking the matter to the labor court for resolution.

Does this mean that my 2012-2013 incentive, April, and May salaries are all being withheld?

In a previous post, I was advised to resign, and in response, I stated, "I agree that I will resign," and later, "......blackmailing me to tender my resignation." Could you please elaborate on this suggestion?

My cunning manager has been orchestrating this plan without informing me of his intentions. He has devised this scheme due to some personal issue he holds against me, despite my strong performance in our zone. I was unwilling to comply with his fraudulent sales tactics, which may have triggered his actions.

I seek advice on how to handle this situation effectively so that I can seek justice and hold them accountable.

Regards,
sanju77

Raising the Issue of Incentive Cheque in Company Communication

How can one address the issue of incentive cheques in company emails, and under what circumstances are these cheques being dispatched? Is it lawful for a person to transfer all money through the bank while remitting one amount through a cheque, especially if this cheque is being used to coerce a resignation and other inappropriate actions? Does this not suggest something unethical is being done against an employee who was performing well in the company?

Regards

First, you should meet with your MD or HR Head to try to resolve the matter. If you fail to resolve the issue through this channel, you should file a complaint at the labor office. The officers at the Labor Office will help settle your case with your employer.

With regards,

Nisar Khan

Suggest escalating the issue to your MD & HR Head in writing [through emails]. Write to them that you have still not received the incentive and salaries and ask them if there's any problem and also for their intervention to expedite the release of the checks. Please don't mention anything about what your manager is doing—let them find out by themselves, as they are likely to ask him after receiving your email.

You are achieving two things with this plan of action: (1) escalating the issue and ensuring that it comes to their attention (if they are astute, they would see through the game being played by your manager) and (2) ensuring you receive your dues bypassing the manager's tactics.

Before sending the emails, please ensure you collect whatever evidence you can to hold the manager accountable. In a worst-case scenario, you may need to prove your version of what's happening in the company, and once you disclose this information (in your emails), you won't get another chance to do so. Hopefully, you understand the point.

Regarding your statement "...I can get justice and put them also in justice," please don't focus on the second part—since that is not within your control. What if the manager is acting with the knowledge of higher-ups at your head office? It might be a long shot, but it is beyond your control. If the management is not concerned about the company's future, why should you be?

All the best.

Regards, TS

First of all, you should try to find out why it happened. Were you at fault? If you feel you are on the right side, meet with your MD and explain the whole incident to him. If that does not work, write a detailed letter explaining the entire situation to the Labor Officer. Once the issue is brought to the attention of the Labor Officer, things will be resolved. You do not need to resign from your position. Stay in your job and fight for a just cause.

Regards