Facing False Accusations After Resignation: How Can I Resolve My Settlement Issue?

Dear Seniors, Kindly note that I served a month's notice before my resignation was accepted (actually 20 days, and 10 days were adjusted from the PL) by my ex-employers. Before my resignation was accepted, a handover-takeover was done formally on paper and also on software. Now, after joining the new company, my previous boss started complaining that I colluded with clients in my previous company and was a partner in some unlawful activity, so my full and final settlement shall be on hold. Please note that it has been 75 days since my resignation, and no formal mail or letter has been sent stating the reason for keeping my settlement on hold. All the request emails I have sent have gone unanswered. Some of my bosses also threatened me telephonically that they will ruin my career.

Concerns About Responsibility

How can someone hold me responsible for a location or a case when the handover and takeover were done very well? Even the resignation mail was accepted, and the date was mentioned as my last working day.

Request for Assistance

What to do, please help. I am under huge stress and mentally disturbed.

Regards, Avirupa

Understanding Your Rights Under Employment Acts

If you were governed by the Shops and Establishment Act or the Industrial Disputes Act, then after the expiry of a 30-day period or a 20-day period and after the adjustment of 10 days of earned leave (EL), you are deemed to be relieved. Send a representation to the concerned inspector to obtain your relieving order. If you are still unable to obtain it, please come back again.

Regards

Thank you for your prompt reply. It's a collateral management company, and I have no idea about the "Shops and Establishment Act" or the ID Act. Is it possible that my ex-employers may send a notice to me, as they are presently threatening to do so, even though 75 days have passed?

Regards,
Avirupa

It is apparent that you were covered under the Shops and Establishments Act. You need not worry. Pursue the remedy as suggested.

Thank you for the reply. Today, my ex-superior boss called me and informed me that if I do not return to my previous workplace to assist in resolving an issue, they will send a complaint notice to my current company. I am unsure what to do in this situation. Any advice would be greatly appreciated.

Regards, Avirupa

You can tell him that you would sue him for damages for defamation and prosecute him for criminal defamation, apart from prosecuting him under the Shops and Establishment Act. Send a legal notice through a lawyer.

Thank you for the prompt reply. It is a corporate company. Does it come under the Shop and Establishment Act? Could you please elaborate on whether an employee can be held responsible for something after a successful handover-takeover process?

Regards,
Avirupa

As I said earlier, apparently, that company is covered under the Shops and Establishment Act. After your resignation was accepted by your employer, he cannot now issue you any threats unless you had committed any penal activity, e.g., misappropriation. Acceptance of resignation is a conscious act. Under the said Act, he could have recovered damages for the loss caused to him in the manner provided. But now it is too late. You pursue the remedy as suggested.

Incident of Fraudulent Activity and Its Aftermath

I think I need to elaborate on the matter a little more. There has been an incident of fraudulent activity in one of our locations. I came to know about it two months after the location started. I informed the management about it, and then I was instructed that there was no need to communicate in a written or formal way as they would handle it.

After receiving a better offer, I submitted my resignation after 20 days and also served a notice period of 20 days along with a 10-day PL adjustment. On 31st Oct '14, my resignation was accepted over email while keeping HR in the loop. After successfully resigning and completing the handover-takeover process, I joined a different company. However, the previous company has put my entire dues on hold, stating that I knew everything and did not report on time.

It appears that my bosses never informed the upper management about the incident when I reported it. Now, they are attempting to involve me in the situation and threatening to send me a notice or a letter to my current employer.

Please note that my previous role was that of a Business Development Manager (BDM), and I had nothing to do with the operations. However, upon a verbal request from my superior, I visited that location sometimes, but nothing went wrong during my visits. Additionally, independent audits were conducted by our auditors while the location was operational, and nothing wrong was ever reported.

Regards,
Avirupa

Legal Remedies for Workplace Harassment

The earlier bosses seem to harass you. Please pursue the remedies suggested earlier. You should be able to send an appropriate legal notice to them and, if necessary, file a criminal complaint against previous bosses after getting detailed facts from you. If you are a female, then more strenuous action can be thought of against them.

Regards.

Dear Seniors, The issue I have narrated before still persists. Recently, I called the HR of my past company to know the present status of F&F. They threatened me, insisting that I provide in writing that the fraud happened during my time and that it was communicated with my bosses. I explained that everything was communicated verbally and that I was asked by the bosses not to put it on paper or in emails. The HR reacted by saying, "Ok, you don't know anything, right? Once we lodge an FIR, everything will come out." In reality, my resignation was accepted, and the handover-takeover was completed to the full satisfaction of my superiors. It seems that after my resignation, they have shifted the entire blame onto my shoulders.

Please help. My resignation acceptance email and handover-takeover email are with me. Can someone be held responsible for any wrongdoing after their last working day and the handover-takeover is done (along with 20 days of notice period, I had a notice period of 1 month, but 10 days were settled from PL).

Regards, Avirupa

The previous bosses seem to harass you. Please read the thread "Ex-employer's false allegations" and posts of 3.4.2015. Engage a lawyer. Send the past employer a legal notice to desist from harassment and pay you full and final settlement. Otherwise, lodge a complaint with the inspector under the Shops and Establishment Act. Please state the main nature of duties you performed with previous bosses to see whether you are covered under the ID Act.

Thanks,
Sushil

Dear Sushil Sir,

This morning, I received a legal notice from my ex-employers. The strangest part is that they mentioned in the letter that I was responsible for business and operations at the same location simultaneously. Please note that this claim is baseless and untrue. The roles mentioned are distinct and cannot be carried out concurrently. Additionally, they stated that fraud was discovered and reported in September '14, whereas my last working day was on October 31 '14. Therefore, they were aware of the situation before my release.

Now, despite having prior knowledge of the alleged fraud, they released me and are now accusing me of it. They have threatened to prosecute me under IPC sections 420/425/415 if I do not assist in recovering the losses.

Regards,
Avirupa

Sit with a competent lawyer, explain all the detailed facts to him, and send an appropriate reply through an advocate, levelling counter charges wherever possible. If you have done nothing wrong, then there is nothing to worry about because your clean relieving itself shows that no misconduct was found against you. Otherwise, they could have at least issued a memorandum against you.

Thanks,
Sushil