We terminated an employee for taking unauthorized remote access of his office computer from home multiple times. The company has recordings of these incidents, and the employee admitted to this in a written explanation. The employee is now requesting his FnF (Full and Final settlement) and threatening legal action if we do not pay up.
Liability for Full and Final Settlement
Are we liable to pay him his FnF as per labor law?
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From India, Jaipur
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Liability for Full and Final Settlement
Are we liable to pay him his FnF as per labor law?
Regards
From India, Jaipur
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If there is a provision under your standing order/service rules regarding unauthorized access to the office computer from home, and it constitutes misconduct, then terminating the services of such an employee may be correct. However, it must be proved how the employee's actions have been detrimental to the company's financial interests.
Even in cases where an employee's services are terminated by the employer, the Full and Final settlement could not be withheld on the grounds of termination of an employee's services unless the employee's actions cause financial losses to the company. Therefore, the final settlement of a terminated employee should be completed immediately, or else it may lead to further complications.
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From India, Hyderabad
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55Even in cases where an employee's services are terminated by the employer, the Full and Final settlement could not be withheld on the grounds of termination of an employee's services unless the employee's actions cause financial losses to the company. Therefore, the final settlement of a terminated employee should be completed immediately, or else it may lead to further complications.
Regards
From India, Hyderabad
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Full n final settlement.doc