Hi my company has terminated me for a misconduct? But I am wondering that if I take a legal action against the company can the company counter attack me and arrest me for my misconduct?
I shall explain what happened. I work for a BPO. On verbal guidance and assurances from some seniors I and a few of my friends indulged in some malpractices which benefited me (and others) with incentives for past 3 months. I may have earned incentives to the amount of Rs.15000 when I was terminated. I understand that this company did not follow the legal formalities laid down by the industries act before terminating me and never told me about my rights to question the termination.
I was only one of those 20 people who were in the list of offenders. But only I was thrown out and others were given verbal warning or put on action plan. So I contacted the company and let them know I am not happy about their decision and also let them know that I believe that this case was discriminated and I was made a scapegoat. Now the company is ready to rehire me but not willing to pay for the days when I had to sit at home without any work. I was home for around 30 days with no work and salary but had continuously communicated to them asking them to take me back to work.
For privacy reason I cannot name the company here but its a BPO in bangalore and I have worked with this company for more than 4 years now.
Now I have contacted a solicitor and he has assured me that the company will take me back and will be forced to pay the dues for all these days I had to sit at home without any job. But what is scaring me is the solicitor is going the legal way. In response to this if the company decides to take an action against me legally will I be arrested or do they have the right to get me arrested? If that's the case then I shall rejoin the company without listening to my lawyer. My lawyer is of the opinion that the company has no rights to get me arrested because they have faulted themselves by not setting up an inquiry and by not following the rules of industrial disputes act. But I rely a lot on you all for information. Can you please tell me that if the company wants to get me arrested on the grounds of misconduct can it do so?
I shall explain what happened. I work for a BPO. On verbal guidance and assurances from some seniors I and a few of my friends indulged in some malpractices which benefited me (and others) with incentives for past 3 months. I may have earned incentives to the amount of Rs.15000 when I was terminated. I understand that this company did not follow the legal formalities laid down by the industries act before terminating me and never told me about my rights to question the termination.
I was only one of those 20 people who were in the list of offenders. But only I was thrown out and others were given verbal warning or put on action plan. So I contacted the company and let them know I am not happy about their decision and also let them know that I believe that this case was discriminated and I was made a scapegoat. Now the company is ready to rehire me but not willing to pay for the days when I had to sit at home without any work. I was home for around 30 days with no work and salary but had continuously communicated to them asking them to take me back to work.
For privacy reason I cannot name the company here but its a BPO in bangalore and I have worked with this company for more than 4 years now.
Now I have contacted a solicitor and he has assured me that the company will take me back and will be forced to pay the dues for all these days I had to sit at home without any job. But what is scaring me is the solicitor is going the legal way. In response to this if the company decides to take an action against me legally will I be arrested or do they have the right to get me arrested? If that's the case then I shall rejoin the company without listening to my lawyer. My lawyer is of the opinion that the company has no rights to get me arrested because they have faulted themselves by not setting up an inquiry and by not following the rules of industrial disputes act. But I rely a lot on you all for information. Can you please tell me that if the company wants to get me arrested on the grounds of misconduct can it do so?