Facing Accusations and Withheld Salary After Family Medical Emergency During Notice Period: What Should I Do?

I am working for a private IT company and applied for resignation on January 11 due to chronic back pain (a slip disc caused by bad chairs provided by the company, which are now being replaced quickly). I was serving a notice period of 45 days, which is supposed to end on February 26. On January 25, my mother suffered a heart attack and is also suffering from a severe case of H1N1 (swine flu). She was admitted to the ICU for 7 days, and I left to attend to her after informing my HR. I sent an official email on February 1, informing them that I would be back only by February 13. I kept the HR updated on the status throughout this period.

However, the management has sent a series of emails claiming that I have been absconding from work, that my work has always been poor, and that I have a very poor code of conduct with other employees. If this is true, why wasn't I informed earlier? They have also withheld my January salary and stated that I will have to pay any damages to the organization because of my absence.

Please help me with this situation because I don't know how to react.

Dear ARUNRAJA.B,

Presuming that you have stated facts, consult a lawyer and send them a legal notice. In case of no reply or a reply refuting your charges, approach court.

Best Wishes,
Col. Suresh Rathi

Responding to Allegations and Salary Withholding

Kindly provide a proper reply to the email, denying all the allegations and charges. Specifically, deny that you are liable to pay any damages to the company. On those grounds, the company cannot withhold your salary, so demand your salary.

I have not reviewed the exact content of the letter. However, if it contains serious allegations and a demand for damages, it is advisable to have a lawyer draft a reply on your behalf. If you do not properly deny the allegations at this stage, the company may attempt to use them against you later, if necessary.

Regards

Thanks for the quick responses. I am currently looking to draft a reply myself since I am still with my mother and will be resuming duty on the 13th. Not sure if it is OK to ask the below question in this forum, but let me.

Legal Advice on Civil Case Proceedings

If I have to approach a civil lawyer and take a case later (if needed), what would be the proceeding costs, and on a minimum scale, how long will the case go on? Also, I am a little worried about how it will affect my future career with other companies if it turns into a civil case.

P.S. I have nearly 10 years of experience and have worked for 3 companies (2 billion-dollar MNCs and a start-up) for a minimum of 2 years each. I have always had a good reputation with all the companies, with one company having offered huge stock options, which I gave up to work for this start-up.

You should hire a lawyer who specializes in labor matters and industrial disputes. Not all civil lawyers can handle these cases. Visit the labor courts and tribunals in your area to find specialized lawyers.

Regarding cost, it depends on the seniority of the lawyer and the place of practice. The time of court cases cannot be predicted, frankly speaking. It depends on various factors.

Legally, civil cases won't have any impact on your professional life.

"This is extremely unprofessional of you, and as a direct result of your irresponsible behavior, you have brought the entire development work to a standstill, resulting in substantial losses and damages to this company.

The quality of your output, as a direct consequence of you not taking your job seriously, is very poor. There is virtually no documentation of any of the work that you have done, and there are critical deliverables that you have been promising over a period of time (some over 3-4 months) that have still not been delivered, resulting in substantial delays and financial losses to the company. The code is of extremely poor quality and virtually needs to be rewritten.

Please note the company reserves the right to terminate your services during the notice period as we do not think you intend to serve your notice and will recover all dues owed to the company by way of notice not served and any other dues owed to the company.

Please note that notwithstanding the termination of your services, the company reserves the right to pursue legal action to recover any monies owed and claim any damages incurred as a result of your poor quality of work and absconding from work."

Above is the email from the management, and on second reading, I believe they might have already terminated me.

Questions During Notice Period

Now I have the following questions:

- While I am in the notice period, can the employer consider me absconding from work after I have given a proper email explaining my status and the date by which I would return?

Thank you.

Company Claiming Damages for Poor Performance

Can the company claim damages due to poor performance when, until that date, I had never faced such allegations from management, even after working for 4.5 months?

Without informing me, my official account is locked, and I can't log in. Then, they sent all allegations via email and claimed I didn't respond, forwarding those emails to my personal ID.

They are claiming that I am harassing employees for calling HR and the next senior in line before all these barrages of emails of accusation started.

Also, please suggest how I can find the Labour Commissioner's email ID for Bangalore?

Regards

Dear Arun,

Finding a job should be your top priority. Please search for opportunities, whether they be in small or large companies, and proceed with the assumption that the company may not provide you with a relieving certificate.

Another important piece of advice is regarding your communication with your employer. Instead of replying to any emails from them, it would be advisable to consult a lawyer as a precautionary measure. This will ensure that any potential repercussions are addressed proactively, both immediately and possibly in the future. By doing so, you can be legally protected and ensure your safety during that time.

Regards,

RDS Yadav

The email from the company sent to you contains charges/allegations against you and even proposes punishments like termination and subsequent recovery of dues. However, technically, it cannot be called a termination letter.

Your Queries Answered

- While I am in the notice period, can the employer consider me as absconding from work after I have given a proper email explaining my status and the date by which I would return?

In the above email, there are no charges of absconding but only related to non/poor performance. Where did you find the charges of so-called absconding? Moreover, under labor law, there is NO term as absconding. If you remain absent without permission, it is called unauthorized absenteeism. If you have proof of informing the company regarding your absence and a genuine ground/medical reason, then you have a good case to defend yourself.

- Can the company claim damages due to poor performance when until that date I had never faced such allegations from management even after working for 4.5 months?

Before claiming any damages directly attributable to the actions of an employee, the employer has to give a reasonable opportunity to the employee before claiming such damages. But broadly speaking, the employer cannot claim damages for poor performance. It may depend from case to case, though. For example, if you lose a mobile phone of the company due to negligence, they might recover the amount from you. However, if you are unable to convince a customer/client for some deal, although it may be treated as poor performance, damages cannot be recovered.

- Without informing me, my official account is locked, and I can't log in to the same, then send all allegations email and claim I didn't respond back and forward those emails to my personal ID.

Since there is a bitter scenario at this stage, it is better to communicate in writing only with the management. Instead of emails, try communicating with letters through registered/speed post.

- Claiming that I am harassing employees for calling HR and the next senior in line person before all these barrages of emails of accusation started.

How are they claiming that? Instead of verbal discussion, use written communication to avoid any allegations.

Also, please suggest how I can find the Labor Commissioner's email ID for Bangalore?

I am not sure, but you can Google or ask a labor lawyer/union, etc., for details.

Regards

Thanks for the quick replies, I really appreciate it. I was going through the emails forwarded by the management and found something very suspicious.

Management said they had earlier (I believe before 2nd Feb) emailed three mails (a formal notice for being absconded from work, a warning for disciplinary issues, and a statement that my performance and deliverables are completely useless) to my official ID (Gmail for Business). Since I can't log in to my account (they blocked it, by the way), they forwarded the same to my personal email ID.

What is suspicious is that I have my official email account set up on my mobile, and they are updated on my mobile up until 3rd Feb, and I haven’t found any such emails from them.

Also, from the emails forwarded by them, the "From" address is empty, and the date is also empty, which can only be done by editing the message before forwarding it to the respective address.

I cannot prove it, nor can I, until I have access to my official account. But if indeed the emails forwarded by the management to me are in any way manually edited by them with false data, will it have any impact in proving that indeed all my management's allegations are false and help me get my due salary?

P.S. I am meeting with a civil/labor lawyer tomorrow for a consultation to assess the gravity of the situation.

Irrespective of the authenticity of the emails, any allegations made against you have to be proved by conducting a domestic enquiry where the company has to provide you an opportunity to defend yourself in observance of the principle of natural justice. The management cannot arbitrarily make any decisions violating the laws of the land.

Since you are meeting with a lawyer, hopefully, something fruitful will come up. Please share your experience too.

I went to the office this morning at 10 AM but was informed by HR that the Director had asked me not to come until I discuss with him the extension of the terms.

"Arun,

Thanks for your email, which is rather long and impossible to read. It is full of contradictions and not factual. We do record all calls, whether Skype or phone, and I have you on record committing to certain deadlines, which you repeatedly failed to meet. I am happy to provide you with plenty of proof from your coding, which points to hard coding at numerous places and just poor lazy coding.

I appreciate (and as you have acknowledged) that since your joining, you have had plenty of personal problems with you and each and every family member's health, etc., and we have, as a company and individuals, been very generous in accommodating your troubles. However, the company is not obligated to consider every personal problem that you have, especially since it has started disrupting the work, affecting the morale of other employees who really work hard and honestly.

As you can understand, in my position as a senior member of the management and in the capacity of a leader of the company, I cannot allow such behavior to continue and turn a blind eye to it. I can neither allow others to be demotivated and give the impression of favoritism by letting you get away with every breach and misdemeanor.

As such, you cannot choose to come in and be absent without leave from the office any time you please, regardless of your personal problems.

Please don't come to the office until such time as you are able to confirm your extension of the notice period in accordance with the terms of your contract. I am happy to speak to you tomorrow, and hopefully, we should be able to reach an amicable resolution.

I shall call you at 3 PM on your phone, so please confirm."

Also, I met a civil lawyer today, and he advised me to reply to this email, saying that he can call me on the phone tomorrow, and we shall discuss three points.

- How long should I extend my time, and since I am still in probation, I should be submissive.
- Immediately unlock my official account (doing so, I can prove that he indeed manipulated emails that he had forwarded to me).
- Immediately release my salary.

My Main Questions

- Can an employer simply ask me not to come to the office just like that?
- If I don't agree to his terms, what will happen to my future days and applying for other companies?
- What will happen to my notice period days starting now till Feb 26th when it was supposed to end?

Regards

No, an employer cannot simply ask you not to come to the office without a valid reason. If an employer does so, it may be considered a refusal of employment, which is equivalent to illegal termination. However, if the employer asks you not to come for specific reasons (as in your case), you will still be considered employed and entitled to your salary.

Latest Development and Email from the Director

This is the latest development, and below is the latest email from the Director:

"Dear Arun,

You are burning all bridges with your absolutely nonsensical accusations bordering on pathological lying. If you continue this way, then I will have no options but to terminate you with immediate effect.

Please note that there is nothing unethical or illegal about stopping a rogue employee from entering the premises if I have sufficient reason to doubt the integrity of such an employee. At the end of the day, I am duty-bound to protect my premises, my employees, Obsessory's systems, and software assets. I implore you to seek legal counsel so that you have a better understanding of your rights.

You had a "slipped disc," and you were being treated with injections. Your wife had asthma, your dad needed a transplant, and your mother had a heart attack. Please provide medical certificates for all these. Failure to provide evidence could lead to the termination of your services due to a breach of contract. Please note that Obsessory will retain the right to proceed with legal action against you for attempting to defraud Obsessory with false pretenses and lies without the intention to deliver any assigned work during your employment.

Please note that I am not obliged to seek an amicable solution but am trying to do so for your career's sake. However, your aggressive and confrontational attitude leaves me no choice but to consider initiating legal proceedings against you to claim the money you received from Obsessory as salary for material breach of the contract.

Most noticeably, you have not yet acknowledged that you will extend your notice period and serve 45 days as per the terms of the employment contract with us and complete the agreed tasks despite my requests. If you intend to do so, please confirm in writing, and a legal bond agreement will be made available for you to sign before you can resume your duties. Your full and final settlement shall be made once all legal obligations are met by you.

I will not engage in any further dialogues with you until I receive a written confirmation by tomorrow, 14-Feb-2017."

As advised by my civil lawyer, I humbly replied to his email, stating that I am not being aggressive, just seeking clarifications on why I am being accused suddenly. I provided all necessary medical proofs for myself, my father, and my mother. I also informed them that I always intended to serve my notice period completely, and due to my mother's medical emergency causing a 19-day absence, I requested to extend my notice by 19 days to serve the same.

To date, I have not shown management that I am aware of the email date changes to make it appear as if it was sent earlier and that I didn't respond earlier.

I explained this situation in the thread: https://www.citehr.com/579062-salary...-employer.html

After replying to the above email, I responded to the forwarded emails, stating that I checked my emails until 2nd Feb-17 and did not receive any warning/notice emails until 5th Feb. I have reasons to believe the date was altered before forwarding and requested them to resend the email to clarify our doubts.

Any suggestions on what I should do next or insights on what the management might do next? I have all the evidence on my side, but if it escalates to a civil case, management has resources, and moreover, the Director is an NRI in London.

Some suggest I should first file a civil suit for breach of contract by the employer for tampering with emails to gain an advantage over me. Others say this would not stand a chance in court, and I should let it go and follow management's instructions.

I am deeply upset and discouraged by these events, especially after witnessing my mother's severe illness and recovery.

Any advice, please?

P.S. Also, please let me know how to make texts bold.