Company Shutdown and Unpaid Salary: Should I Return the Laptop Amid Legal Threats?

I worked in a company for 2 months and took a long leave due to personal reasons with an intimation to the company. However, now the company has asked me to be relieved and to submit the company laptop. When I asked about my salary, they haven't mentioned it yet. Currently, the company website is closed with a statement indicating a business shutdown. Despite this, they are insisting that I return the laptop. I have never signed any document regarding the handling of the company laptop. What should I do now? They have threatened legal action against me. I would appreciate any suggestions you can provide.

To make your query clear:

When did you join?
When did you leave?
How many days of leave did you take?
What were the terms and conditions of your offer letter regarding the exit from the company?

You cannot retain the laptop of the company whether you signed for it or not. The company has to pay for the period you worked. But since the company has closed down, there is no remedy easily available.

Out of 59 days, you were on leave for 30 days, i.e., 1 month. Have you obtained prior written approval before proceeding for leave, or have you just absconded from duty? Please mention the details of employment and how you have communicated for separation.

It is not right to hold the company's laptop. In most organizations, after receiving all clearance/NOC, they process for full and final.

Thank you for the suggestions. I joined on 27th November 2017. Since it is a small company, there is no procedure for taking leave. I informed them through a phone call, and they accepted it. The work is mostly field-based in the North East region while the company is located in Chennai. In January, I took 12 days of leave and worked 10 days in February. The salary amount is very low, only 12k, and I am holding a laptop worth 15k. I have already requested them that once the salary is credited, I will submit the laptop immediately. Our company is very small, operating like a startup, and I do not trust whether they will pay me or not. Furthermore, their website displays a message indicating a business shutdown, which is concerning.

Since you agree that the laptop belongs to the company and you are ready to return it, your only apprehension is that once you return the laptop, they may not pay you. This concern is heightened by the fact that the unit is now closed down, and importantly, you do not trust them.

Please speak to them and try to settle the matter through a simultaneous exchange of the laptop and your salary. You can seek the assistance of someone you trust to facilitate this process. However, before proceeding, ensure you have a clear understanding of the amount owed to you. Given that you took a significant amount of leave during your 3-4 month tenure, clarify whether this leave was paid.

Be aware that the company has the option to take legal action against you, including prosecution proceedings for the recovery of their property. The lack of receipts from your end may complicate matters and potentially lead to harassment in the interim.

Dear colleague,

You are willing to return the laptop provided they settle your dues. Good! You write to them about this and inform that the give and take is simultaneous. Wait for their reply. If they agree, fine. Or else don't return the laptop and keep quiet.

Regards,
Vinayak Nagarkar
HR Consultant

Dear Nagarkar Sir, your suggestion seems good, but what if his employer lodges a police complaint/FIR against him? He has just started his career, and it may adversely affect his professional growth.

Understanding the Situation

We only know one side of the story. The individual in question was on a long leave (with some frequent absences as well), and within a two-month period, he has not even worked for 30 days. We are unaware of whether these absences were authorized or not, nor do we know the terms of his employment or the actual amount payable from the employer's point of view.

Seeking Resolution

Please advise on whether he can visit the nearest labor office to amicably resolve the issue.

Thank you.

Dear friend,

My suggestion is to return the laptop in exchange for the settlement of dues. The fear of a police case arises if there is a refusal to return it at all.

Regards,
Vinayak Nagarkar
HR Consultant

Thank you all for providing suggestions.

I have already made a request to the company through email regarding the number of working days and informed them that once they pay me, I will return the laptop without fail. I also included that if I failed to do so, they can take any legal actions. It has been 4 days since I emailed them, and I have not received a reply yet. I am still unsure about what to do.

Dear Young-man-at-a-loss,

Returning the company laptop

What is not yours, is not yours. I am referring to the laptop. Whether an agreement is arrived at or not, it must be returned.

Outstanding payments and legal considerations

As far as the outstanding payment(s) is/are concerned, there are many issues to be looked into: did you, during your employment stint, have the company's coverage for the days you were off - and what amount receivable actually accrues for you. Since you don't appear to have a written official contract, you will need some legal intervention to receive the payment.

Legal advice and career implications

You are walking a tightrope, and since it's your professional career in infancy, DON'T DO ANYTHING CONTRARY TO LAW. Seek legal advice; if you don't, the employer may lodge an FIR against you, and that would breed ill on your future CVs and prospective employers.

Maintaining ethical standards

Rationalize the situation, and prove you go by the highest standards of ethics in all situations, a trait often needed in professional institutions.

Learning from the situation

The silver lining, from the issues you created for yourself, is the lesson you learn from it. Have a positive attitude towards the entire scenario, and see how the attitude will help you wade through similar storms in the future.

Regards,
Arif ur Rehman