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Anonymous
Dear Experts,

I would like to inquire whether an employer can file a criminal case against a terminated employee after one year of termination. The employee in question was terminated for bribery related to job placements. However, his full and final settlement has not been completed. Despite receiving notice from the company, he has failed to repay the employees from whom he accepted bribes in exchange for employment opportunities.

Please advise on the best course of action in this situation.

Thank you.

From India, Sangli
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Hi, As per my view, yes company as well as people from whom bribery amount is taken can file an criminal case. If you have proper / supportive documents for the same.

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Dear,

More facts are needed to answer your query. However, based on the available information, the company can initiate legal action against the terminated employee. But, you need to state the reason for such a long delay, especially for a criminal action.

You can call or email me with more details for further guidance.

juristshub.blogspot.in


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Legal Action Against Employees for Graft

The company cannot initiate any legal action against the erring employee for illegal graft as it is not considered a "State" within the meaning of the law.

The delinquent employee has not stolen any company property; he has committed acts that may be termed immoral and unethical, for which the company has already punished him by terminating his employment.

Action Against Employees Who Paid Graft

The company should also terminate those employees who paid the graft. The above action of the company is one-sided, and it has taken an action that suits its convenience. The company is also not above board.

Legal Recourse for Employees Who Paid Graft

The employees who paid him the money can file cases for recovery. However, I doubt whether they will be able to win the case as they are also a party to illegal activity.

From India, Thane
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