Worried About Legal Action After Misconduct Termination? Can My Company Have Me Arrested?

Hi, my company has terminated me for misconduct. I am wondering if taking legal action against the company could lead to a counterattack resulting in my arrest for the misconduct.

Explanation of the Situation

I shall explain what happened. I work for a BPO. On verbal guidance and assurances from some seniors, a few friends and I indulged in malpractices that benefitted us with incentives for the past 3 months. I may have earned incentives amounting to Rs. 15,000 when I was terminated. I understand that the company did not follow the legal formalities laid down by the Industries Act before terminating me and never informed me of my rights to question the termination.

Discriminatory Treatment

I was one of 20 people on the list of offenders. However, I was the only one terminated while others received verbal warnings or were put on an action plan. I contacted the company expressing my dissatisfaction with their decision, stating that I believe the case was discriminatory, and I was made a scapegoat. The company is now willing to rehire me but is not ready to compensate me for the days I spent at home without any work. I was at home for around 30 days without work or salary, continuously communicating with them to allow me to return to work.

Legal Concerns and Advice

For privacy reasons, I cannot disclose the company's name, but it's a BPO in Bangalore where I have been employed for over 4 years. I have sought advice from a solicitor, who assured me that the company will reinstate me and be compelled to pay me for the days I was idle at home. However, I am concerned because the solicitor is pursuing legal action. If the company decides to retaliate legally, can they have me arrested? If that's the case, I would consider returning to the company without following my lawyer's advice. My lawyer believes the company lacks the right to have me arrested as they failed to conduct an inquiry and adhere to the rules of the Industrial Disputes Act. I trust your expertise; can you confirm if the company can have me arrested on grounds of misconduct?

Regards.

Hi Andreyluvs! Just to summarize the facts: You were involved in some wrongdoing, benefited from it, the company found the misdeed, terminated you, and left others. Now, they are even ready to take you on board while you want to press for compensation for the days lost in negotiation.

Well, let me tell you one thing very clearly. Irrespective of the solicitor's opinion (with due respect to him and his experience), here's one rule of law which is widely valid in a court of law, and it will throw open all your defense - "You can't approach the court with unclean hands."

You committed a misdeed. You yourself have accepted that, and the company is legally allowed to take action on that, to which you also agree. As soon as this reaches the court, your case will be over, and then the story will turn around by the Company pressing for loss of reputation, misconduct, etc., and you will be in deep trouble. You should have been grateful that the company has agreed to take you on board despite you acting malafide. But instead, you are trying to ask for compensation. You are inviting trouble on your own.

Industrial Disputes Act and Its Implications

Coming back to the Industrial Disputes Act. They may have violations or non-compliance. But just answer me one thing - do such violations affect or justify your misdeeds? What you did was wrong, and you realize that yourself. And now, what you are thinking to do is even worse. So stop it before the damage could become even more substantial. Yes, they may be penalized for non-adherence to the Industrial Disputes Act and could be fined at max or face symbolic imprisonment. (Check out the statute if you don't believe me). But if they reverse the case on you, you will be pressed for Fraud, etc., and will land in big trouble.

(Note: Some people may tell you that the legal doctrine told by me is used more in Equity courts, but its usage and effect are also widely used in other cases too.)

Regards, Puneet Sarin [Phone Number Removed For Privacy Reasons]

I tend to agree with Mr. Puneet Sarin's view. Unless one examines the contract of employment between you and the company, it would be risky to express an opinion. I hope that the legal advice you have received so far is based on such a contract of employment and not merely on your version of the episode.

Be that as it may, you committed the first offense. When the company found out, they terminated your employment but not others. This could be because they may not have evidence in their cases. Regardless of this, if they are willing to rehire you, I would not trust them blindly if I were you!

It could be that they have been advised that they ought to have followed stipulated procedures under applicable law. To cover that up, they could rehire you, maybe even pay you wages for the thirty days you spent at home. But after you join, they could still go after you, now following a procedure, and you would be helpless.

As to your wanting to prosecute the company, did someone advise you to do that, and if so, under what law?

In my considered opinion, you have no leg to stand on legally speaking, except if you raise an industrial dispute by going through conciliation, reference, and a Labour Court, fight the case (which could take anywhere around five years or so, and if the decision goes against the employer, you could always go in appeal, and the matter could get extended interminably. In such a case, you will be fighting on your money, time, and resources. If by then you remain unemployed, that would only add to your predicaments. If you approach civil law, the story will remain generally the same except that a civil court MAY award compensation but NO reinstatement, and the process will be even slower.

The company will, in the first place, try its best to prove that you are NOT a "workman" under the Industrial Disputes Act 1947. If it succeeds, your chances of getting so-called "justice" will be extinguished!

You have life and a career ahead, and only you must decide as to what you wish to do! Personally, I feel you should forget the episode as a bad dream, learn from the mistake, and carve out a future based on honesty, integrity, and commitment, however difficult it may be in the present situation.

Regards,
Samvedan

October 13, 2013

Advice for Distressed Employee

Think before you ink; look deep before you leap! As you have admitted that you have defiled your hands yourself, your best bet is now to leave your present employer 'respectfully' and look for an alternate job. Your misdeeds must be a lesson for your future. And remember, self-justification is worse than the original sin.

Regards

Considerations Before Legal Action

Do not get unnecessarily involved in a legal case unless it is absolutely required. Legal cases can take months to years to resolve. They may benefit you, or they may backfire depending on the company's stance or your stance on the issue. Secondly, it is akin to throwing stones at each other. In this scenario, if the company is involved in malpractice, you could be arrested and might be released on bail or due to a lack of evidence of malpractice. However, it may pose a significant hurdle in finding a job elsewhere once a police complaint is filed.

Rejoining the Company

If the company is willing to take you back, be grateful and start your job immediately. Avoid engaging in malpractices even if the earnings are lower. Consider the time lost (one month of sitting idle) as the cost of learning.

My simple advice to you is to drop all litigation moves against the company since it is willing to take you back. You cannot stay on in the company after the court process, whichever way the judgment goes, likely against you though! Really, I found your proposed action funny after admitting wrongdoing and actually so. You are not showing any remorse for your wrong deed. One would have expected that you will take the offer silently and calmly resume work and stay clean going forward! Wonders... will never end.

Regards,
Olarinde

1. It would be unwise to take legal action when the BPO is willing to take you back despite past misdeeds. You should be thankful to the company.

2. You are only losing 30 days' salary and nothing else. Do you know the cost of legal charges and how long it will drag on? Therefore, you are losing nothing.

3. Write a thank-you letter to the BPO for taking you back, rejoin them, work with honesty and diligence, and avoid bad company. This will lead you to higher stages in your career graph, not just a quick profit by dishonest means. Act with wisdom. Honesty is the best policy.

Wish you all the best. JD

Thank you, everyone. I appreciate all of your remarks and advice. Just as my mother advised, going legal will not bring any good; your opinions and valuable advice have confirmed my doubt. I would have done a folly. I cracked an interview and have obtained a joining letter.

Thanks heaps.

If the employer is willing to take you back, rejoin them. At the same time, try for another job. Probably, they will initiate action against you, complying with all formalities as said by Samvedan.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Navigating Legal Challenges in Employment Disputes

The gist of all communication is that the judiciary/legal process is a very lengthy process in India. If you enter the Court Campus, you will neither get employment with the same employer nor will you get employment in other industries (every employer will refer to your past). Simply put, you will spoil yourself. If you enter litigation, your company will depute some of its legal department's employees who will attend court as part of their duty for years together with full salary and benefits, but you will attend court for years without a salary, having to spend a huge amount of money on your advocate, appeals, and writ petition.

From the course of legal action, you will definitely experience frustration, poverty, and day by day come into a loop of depression.

Advice for Young Professionals

Since you are a young chap with a vast career before you, here is some advice:

1. Join your present employment immediately and leave one month's pay (if your company is not ready to pay) as a fine/punishment. Do not show your smartness after joining and do not try to prove yourself a hero by gossiping that, despite your misconduct, you forced your company to take you back with honor.

2. Show verbal or written apology (if your company insists on a written statement) to your Supremo.

3. Work honestly and hard for another 2-3 years. Learn as much as you can and then leave your organization if you get a better prospect (at least by then your company will give you a character certificate with good words).

4. Keep away from colleagues who instigated you for such misconduct.

5. Life does not have shortcuts, so ensure that you have a proper vision to achieve targets/goals in a proper and moral way. This success is everlasting.

Lastly, I am not saying that one should not fight for their own rights; it is a constitutional right. But in your case, it is advisable to join your existing employment immediately without holding onto false ego.

All the Best!

Regards

Thanks for realizing that taking recourse to legal action may land you in bigger trouble. Legal recourse will take a longer time to resolve the dispute, and the company will not pardon you for bringing disrepute to them and may not agree to take you back. It is advisable to join the company now and, at the same time, search for a new job.

If they offer you a job without back wages, accept it. Any provocation may lead to a criminal case against you for fraud and cheating. It's better to settle with the employer's terms.

Dear,

You have made a mistake, but acknowledging it and realizing it is commendable. My advice is to avoid pursuing legal action as it could impact your future and confidence levels. If the company offers you reemployment, discuss with HR first. If you trust their assurances, consider rejoining; otherwise, explore other job opportunities. Avoid demanding salary for the 30 days. Best of luck with your future.

Kalyan