How Should Employers Respond When an Employee Faces a Family-Related FIR?

Employer's Role When an Employee Faces an FIR

My friend is working for an IT company in India. His family is threatening him to transfer money to them, or else they will file an FIR against him, stating he has stolen money from his father five years ago. The money, at that time, was given happily by his father to him for his marriage. But now, as they have tension in the family, they are asking for the money back. He is innocent and afraid that if he does not agree to their demand, the FIR raised against him will impact his career, and he may lose his job as well.

Please advise on what an employer should do when an employee is faced with an FIR. What actions can an employer take against an employee when an FIR is raised?

Regards

The advice given here is based on the assumption that whatever you have written is true. Well, an FIR is not a charge sheet, and a charge sheet is not the court's verdict. Therefore, have no worry.

For filing a police complaint for stealing money, there has to be evidence. Generally, police personnel do not intervene in family matters unless someone has caused physical harm.

At this stage, he might inform his employer about the ensuing feud in the family. However, if an FIR is really filed, then he might not be able to quit his existing job. If he changes the job, then this pending FIR could pose a problem as his future employer may not take your friend's version at face value.

Thanks,

Regards, Dinesh Divekar

Addressing the Threat of an FIR in Family Disputes

This is a strange situation. I cannot believe these things happen in this world. Adding a few more points apart from what Dinesh has mentioned. Any FIR should have a valid reason. His father cannot file a complaint stating that the money was stolen 5 years ago. That will not hold up in court.

Ask your friend to send an email to his manager and HR personnel stating this. Also, ask him to frame it as seeking advice on the situation rather than just providing information. This approach might be helpful if an FIR is filed. Additionally, a company cannot terminate a person unless they are proven guilty.

Regards

As replied by seniors above, this is a case of domestic feud; hence, the employee will not have any impact on his career until he is proven guilty or convicted of an offense.

Legal Implications of Family Disputes

As per the law, every incident or complaint must be reported to the authorized person within the stipulated time frame. The police will not file an FIR in this case as it is time-barred, rendering it void and invalid.

Of course, unless the parents want to trouble him and file an FIR alleging that he has stolen money. However, this cannot be proven in a court of law as there will be no valid transaction in his bank account.

Advise him to relax and not even bother informing the current employees about the personal situation he is facing. They may not understand, and unnecessarily, their perception and support for him might change.

I hope this information is helpful, and you and your friend can find some peace of mind.

Regards

The police will not file an FIR first. They will file a CSR first. CSR stands for Community Social Register. They will conduct an investigation based on the CSR. If they find something that violates the law, then an FIR may be filed, and further investigation will be done. Even at this stage, if nothing wrong is found, the case will be closed. Filing an FIR is not as easy as it seems. So tell your friend not to worry.