• Manager threatening legal action

Hi,
I have recently joined an US MNC in Bangalore and within 10 days I resigned citing family situation. The real reason I resigned was due to travel distance(one way 40kms) and project timings which hardly worked for me. I was not able to make it up before 9AM hence I informed my manager on last week that I am resigning due to family emergency back home and I cant afford to work now. But my manager didn't agree to that, he kept on persisting me for real reason, he told he wont agree for my relieval as he spent two months waiting for me to join also he intentionally made me to wait. Hence I sent him a Resignation mail and handed over my laptop to him and came back. Now he is threatening me that he will mark me as absconding and file an FIR with a theft case as I didn't handover my laptop to assets team. He is insisting that I should have given the laptop , badge to assets team and he does not have my laptop and badge. I am not in need of any relieving letter. As per employment agreement I should have served my one month notice period but he was not worried about my notice period whereas he is threatening me that he will ask his legal team to file an FIR against me with a theft case. Can any one advice me? Even CCTV cameras in office will have all that details that includes I am surrendering my assets to my manager. Can some one let me know whether they fake an FIR using their mighty influence?
Asked 7 years ago in Labour

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8 Answers

1) in order to harass you company may file false case against you

2) you can be declared an absconder as you did not serve the notice period

3) send an email to manager that you have handed over laptop to him together with the badge

4) mention that manager at no stage informed you Yathati laptop had to be given to assets team

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Under section 27 of contract act any agreement in restraint of trade is void

2) you cannot be restrained from joining any other organisation

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. Don't worry no criminal case can be filed.

2. It's a pure civil dispute arising out of breach of service bond. So even if criminal case is initiated the same can be quashed.

2. Since you have already served notice period and has already given resignation letter there is no legal hindrance in joining the new job.

3. Giving threats is criminal offence for which you can lodge complaints with local police.

4. This will not only give protection to you but also give authenticity to your grievances.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The objective of management is to harass you

2) hence they would declare you as absconder and file false case of theft against you although you surrendered laptop

3) the company wants to create roadblocks in your career advancements

4) you will have to contest the case to prove your innocence

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. You resigned in the most cavalier manner as you ought to have served the notice period even if the manager was not 'worried' about it. By resigning in violation of the notice period you have breached the contract, a civil wrong for which the employer can bring a lawsuit for damages against you.

2. If the laptop was to be returned to the store then you had to return it to the store. If the acknowledgment for the return of laptop and badge has not been obtained by you then a FIR for theft will surely get you into trouble.

3. A resignation is tendered in writing and the properties of employer are also returned with a written letter and the acknowledgment is to be obtained.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Can any one advice me? Even CCTV cameras in office will have all that details that includes I am surrendering my assets to my manager. Can some one let me know whether they fake an FIR using their mighty influence?

Whether or not you should have served the notice period as per the employment offer letter.

Anyhow, the manager cannot make a complaint for theft because you have not stolen the laptop.

Moreover the CCTV recordings will reveal your handing over event hence you need not be worried about this and be firm in your decision.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Will they also prohibit me from joining any other companies? I could not convince my manager thru calls as he reiterated thru calls n whatsapp that he follows office protocols to fle an FIR..

The problem with you is that you have not sent the resignation letter by post instead you are just relying on the email communication.

Even now you just send a reminder letter seeking your relieving letter on the basis of the email resignation communicated to the company and escalate the matter with the top management and you can also mention that you have properly handed over the company's assets.

You can look for legal option after exhausting this remedy

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Now I have whatsapp conversation where he threatened me that "since the laptop is not returned to the store I am filing an FIR wth a theft case against you". He can mark me as absconding or whatever but how can he file an FIR when I wasnt aware about that laptop surrender.

Let him loge a complaint, you can challenge his complaint based on the recordings in CCTV.

You wait and watch the development, in the meantime you can escalate the matter with the top management too.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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