How Should We Handle a Legal Notice About a Former Employee's Attendance Records?

Dear Experts,

I have an inquiry about one of our casual employees who worked with us from 2021 to 2022 and left the organization. We received a legal notice from the District Court on 28-01-2024 stating that she filed a criminal case against a person. We need to confirm her attendance for the period from Dec-21 to Mar-22 as mentioned in the notice, but we have no record for the same period. Therefore, we kindly request your guidance on what steps we should take at this stage. We are required to appear on 01-02-2024 for the same.

Please provide your valuable suggestions.

Thanks & Regards,
RK Chauhan

Hi, Employer needs to honor the summons issued by the District Court.

Attendance Records and Legal Compliance

Dec-21 to Mar-22 is a very recent period. You should have maintained an Attendance Register, and the same should be presented to the Court. Without an attendance system in place, how was salary processed for the employee?

Legal Assistance

If necessary, hire the services of an Advocate.

Dear Lakshmi Sir,

Thank you for your prompt response.

Since they have not maintained any records after the distribution of salary to those unskilled employees, it was not recorded in the system.

Thanks & Regards,
RK Chauhan

Hi, The employer needs to submit a certified letter confirming the employment of the said employee for the specified period and the lack of attendance reports. You cannot ignore the court order. Consider hiring the services of an advocate when drafting the reply to the court or allow the advocate to appear on behalf of the employer if the court permits it.

Hi Raj Kumar,

I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional for advice tailored to your specific circumstances.

Gather Documentation

Collect any records or documents related to the employee's attendance during the period in question. This might include timesheets, emails, or any other relevant communication that can serve as evidence of her presence or absence.

Check Employment Records

Review your organization's employment records to ensure that there are no oversights or missing information regarding the employee's attendance during the specified period. It's possible that records may have been overlooked or misplaced.

Contact Former Employees and Colleagues

Reach out to any colleagues or supervisors who worked closely with the employee during the mentioned time frame. They may have insights or recollections about her attendance that could be valuable in supporting your case.

Consult Legal Advice

Consider seeking legal advice from an employment lawyer. They can provide guidance on the specific legal requirements in your jurisdiction and advise you on the best course of action. They can also help you prepare for the court appearance.

Be Prepared for the Court Appearance

If you're unable to find sufficient evidence, be prepared to explain the situation to the court. Provide any documentation or information you have gathered, and be transparent about the challenges in confirming the employee's attendance during that period.

Cooperate with the Court Process

Cooperate fully with the court process, attend the scheduled appearance, and present your case in a clear and organized manner. Be open to any requests or inquiries from the court, and comply with their instructions.

Thanks