Facing False Theft Accusations at Work: How Should I Respond to a Potential Legal Notice?

Hi, my name is Karun. I am working as a trainer at a hair and beauty academy. Recently, our academy coordinator made billing errors and embezzled 1 lakh rupees. We only discovered this after her resignation. Following this, I took 5 days of leave without informing anyone due to my illness. I have proof in the form of blood test reports and bills confirming my diagnosis of diabetes. Subsequently, I decided to resign by sending an email stating a 15-day notice period.

In response to my resignation, the academy considered my unnotified leave as serious misconduct. They requested a one-month notice period and an explanation for my absence, along with a doctor's fit certificate to resume work. Without responding to their demands, I visited the academy one day only to find the premises empty except for a housekeeping lady and a few students. I conducted my classes as usual and left after the working hours.

The next day, my reporting manager accused me of cash and book theft from the academy. In reality, I had taken my personal makeup kit and books provided by the manager. He informed me that the company intends to send a legal notice to take action against me for theft.

I seek guidance on how to proceed if they send a legal notice. Your assistance is greatly appreciated.

Regards, Karun

Understanding the Purpose of a Legal Notice

What is the purpose of a legal notice when they can file an FIR at the police station? If you have not done anything wrong, why worry? Let them send the notice. You can file an FIR for harassment, stating that they have been harassing you by falsely claiming that you have taken money, etc. If they had any concerns, they should have filed a complaint with the police instead of sending a legal notice. By sending the notice, they are attempting to blackmail you and ultimately force you to pay them some amount. This should not be allowed.

Furthermore, if any misappropriation has occurred, the appropriate means to address it is not through a legal notice. Instead, the employer can issue a show cause notice, provide a charge sheet, and conduct an inquiry to establish any wrongdoing on your part. If they skip these necessary steps, which are crucial in investigations involving the employer-employee relationship, and opt for a legal notice directly, there may be a hidden agenda or conspiracy at play.

Regards, Madhu.T.K

Dear Sir,

Thank you for your valuable reply.

Yes, sir, as you said, they are going to send me a show cause notice. The mistake I made is taking leave without informing them. Sir, what should I do after receiving the show cause notice? What is it actually?

Looking forward to hearing from you, sir.

Clarifying the Situation

Your story has several inconsistencies. There was a theft, and as soon as it was discovered, you vanished for a week. Then you returned for a day without prior notice, on a day when no one was present. If the institute was unaware of your visit, how did the students know to wait for you?

The company plans to send you a legal notice for the recovery of the cost of the missing goods. Action and response can only occur after you receive the notice. Otherwise, it would be advisable to go and speak to them to clarify the matter instead of waiting for them to issue the notice.

One generic question, doesn't your academy have any CCTV cameras? Ideally, the area should be under surveillance.

Please speak to a lawyer at your earliest convenience unless you have stronger proof to counter the charges brought against you.

I echo with Mr. Saswata Banerjee. There are lots of discrepancies in your information. Being absent for a week without information during such a calamity obviously invites suspicion towards you. For proving your innocence, you have to try a little harder, I guess. However, take legal assistance and act accordingly as per the advice of the lawyer.