Just an add-up to above.
We all are talking about moral and ethical issues, right and wrong. Question is not about right and wrong here. Let's assume his friend file a case and case is even admitted by the court. As pointed out in beginning, the company is an MNC. So presumably it should be having good legal cell. Even if it doesn't have one, owing to bigger pockets it can hire good legal personnel, which obviously would be presumably better armed than your friend. Lets even ignore such vast differences and treat both at equal footing financially.
In Indian scenario, usual case takes 5-7 years to conclude at Trial Court, 15 years to conclude at High Court and 25 years at Supreme Court (M not talking about exceptions here). This time period is not due to inefficiency but due to overburdened judiciary. Lets suppose company doesn't think of going beyond trial court. In that scenario too, 5 year period is pretty long. Company can afford to show in its financials as contingent liability. But can your friend afford to put in that amount of time and effort in attending court hearings (some of which will be merely adjourned) along with his new job. He surely won't be allowed that much of leaves from new company. Also, one more critical point here. Pending law suit, irrespective of whose favour or against it is, will feature in his profile and background screening will show red and new company won't think of going into hassle of investigating root cause and genuineness and immediately reject such profiles.
Exercising legal remedy is good but it should be done with complete cost-benefit analysis. If after 5 years of toil, you receive compensation of say 25k plus legal cost of 5k, will it be worth it for that much of period??
We all are talking about moral and ethical issues, right and wrong. Question is not about right and wrong here. Let's assume his friend file a case and case is even admitted by the court. As pointed out in beginning, the company is an MNC. So presumably it should be having good legal cell. Even if it doesn't have one, owing to bigger pockets it can hire good legal personnel, which obviously would be presumably better armed than your friend. Lets even ignore such vast differences and treat both at equal footing financially.
In Indian scenario, usual case takes 5-7 years to conclude at Trial Court, 15 years to conclude at High Court and 25 years at Supreme Court (M not talking about exceptions here). This time period is not due to inefficiency but due to overburdened judiciary. Lets suppose company doesn't think of going beyond trial court. In that scenario too, 5 year period is pretty long. Company can afford to show in its financials as contingent liability. But can your friend afford to put in that amount of time and effort in attending court hearings (some of which will be merely adjourned) along with his new job. He surely won't be allowed that much of leaves from new company. Also, one more critical point here. Pending law suit, irrespective of whose favour or against it is, will feature in his profile and background screening will show red and new company won't think of going into hassle of investigating root cause and genuineness and immediately reject such profiles.
Exercising legal remedy is good but it should be done with complete cost-benefit analysis. If after 5 years of toil, you receive compensation of say 25k plus legal cost of 5k, will it be worth it for that much of period??