Facing Legal Threats from Ex-Employers: How Should I Respond to Their Accusations?

Dear Sir, My ex-employers have sent me a legal notice stating that I have colluded with a client, resulting in a loss of 3 crores for them. They discovered the misappropriation in September '14 and now demand that I either recover the amount or provide it from other sources, which is not feasible for me. My last working day was on the 31st of October '14. The question arises: how did they relieve me when they were aware of the incident two months prior to my last working day? They have threatened to prosecute me under Section IPC 420/425/409. I possess my handover-takeover letter and resignation acceptance but have not received my full and final settlement. Moreover, there has been no official communication for the last six months. Please advise.

Your question is not clear.

Misappropriation

- Were you holding any company property?
- What were your duties?
- Did the alleged misappropriation take place in September 2014, which they came to know only now, or were they aware of the fact in September 2014 itself, i.e., before you left the company?
- Is your handing over/taking over certificate clear without any deficiencies?
- What does your relieving certificate state about your work?
- When the company did not pay the full settlement account, did you take up the matter in writing with the company?

There are too many gaps in your question, and providing the right advice will become difficult for other learned members. Please provide a full and clear picture of the problem and related matters.

Dear Avirupa1984,

You need to meet with an advocate practicing in criminal matters and bring all relevant papers with you to defend yourself against the legal notice you have received. This kind of forum can be utilized to gain knowledge and input on specific queries.

Dear NathRao, The misappropriation happened in a warehouse where the supervisors and the client colluded and deposited incorrect items. My role was that of a BDE; I was responsible only for client sourcing and documentation. According to their legal notice, the fraud was detected in September '14, which means they were aware of it before I left. My handover and takeover forms are clean, with no discrepancies mentioned. I am yet to receive my relieving/experience certificate. I have contacted them many times for the F&F and relieving/experience letter, but they never replied to my emails or reminders. My resignation acceptance mail states that it was accepted, and the last working day was in '14.

Regards, Avirupa

What does your job description speak of your responsibility towards physical items?

What was the basis of documentation of items deposited in the warehouse?

A good advocate can help you in this matter. Take help from an advocate to write to your former company and ask for your experience certificates, etc.

A legal notice requires a clear legal reply from your side. The matter needs expeditious handling, taking care of legal issues.

avirupa1984,

One needs to consult a lawyer who can discuss the facts of the case. You say daily deposited quantity - who receives the items? Who maintains the arrival book? Who checks the figures with the documents of the arrival book? Many aspects would need to be taken care of if it does become a legal issue. Talk to management and bring out the facts so that you are not troubled by such issues.

Without commenting on merits, since the facts are not clear, one thing is evident: even if an employer files a police complaint, the police will have to conduct a preliminary inquiry before lodging an FIR. This is because the incidents are more than three months old, as held by the Apex court in the Lalita Kumari case. During this inquiry, the involvement of the real accused, who was entrusted with the articles or had committed fraud, will be uncovered.

Thanks,
Sushil