Need Help with Legal Notice Email Template to Recover Overpaid Employee Funds

Hi, I have transferred an excess amount for an employee at the time of his F&F. I need to recover the amount and have sent him multiple reminder emails, but he is not willing to return the money. Now, I need to send him a company legal notice. Can you please help me with a template for the email?

Dear Shalini, sometimes mistakes of this kind do happen. Therefore, before clearing the FnF settlement, one has to be doubly cautious. Anyway, the lesson is learned in hindsight. As of now, I recommend you find out the company where the employee has joined. Send the letter to the MD of that company. Possibly this could prove far more effective than a lawyer's notice. Secondly, please make sure that while sending a notice to the MD, let it be signed by the MD of your company. Otherwise, if you wish to send it at the level of GM or VP, let his/her counterpart sign the notice. Whoever the signatory may be, in the appendix of the letter, give a calculation of the excess payment and how the funds were transferred to his account.

Thanks,
Dinesh Divekar

Hi Dinesh,

Thank you for the suggestions. However, as of now, the employee is jobless. He had secured a job, but due to COVID-19, the offer was canceled. We have already sent an email requesting him to return the excess amount. Since he is currently unemployed, he is unwilling to repay.

Please advise on the next steps.

Thank you.

If the employee is jobless, then the only remedy left is to file a police complaint. However, before filing a police complaint, send a letter by speed post to him informing him what could happen if he does not pay back the excess amount. Write in the letter that if the police complaint is filed, then it will be mentioned in Background Verification (BGV) whenever his prospective employer approaches your company for verification.

In this letter, also clearly state what his dues were and what excess amount has been paid.

Thanks,
Dinesh Divekar

Hi Shalini,

What is the extra amount transferred to the employee wrongly? If the amount is minimal, it can be waived off considering the miserable condition of the person. Lodging a case will put both parties in a problem.

(i) You cannot blame someone for your mistake.
(ii) Are you 100% sure of the calculation, and is it as per the law?

Keep in mind, when mine is mined, 60% debris comes out with ores. Now, you decide what needs to be done.