Hello. I worked with a start up for 2 years, a travel start up in specific organizing nights treks and camping experience around the state. From financial management to accounting to organizing the trek to cooking to every menial and management job everything I could. I enjoyed doing the same. Since i was doing this with two good friends i was promised a partnership instead of a pay for every trek and every job. So trusting the same i continued. While only one of the co founders was actively participating but the other never showed any interest until our hardworking paid off and started giving fame and money. After that i was cheated off the partnership which was a oral agreement. So i volunteeringly quit the job to atleast avoid further complication and feud. And j demenaded my respectful pay for the work I had put in for the 2 years. To which they responded only after 3 months to a menial sum that doesn't justify. I agreed hesistatilgly. And they promised me the sum after 6 months. After 6 months when contacted they never paid and further questioned me about my work there. What can i do legally to get what I deserve.? The comapny isn't registered as they fear registering it might get them in this legal feud. Also i don't have a offer letter as i started working on oral basis But i have recordings and mail and photographic proof and testimonials of clients who attended the treks with me stating the work i have done Also i have mail from the company stating the money they owe me and the period they ll pay me in And a voice recording of the co founder stating the period and work I ve done and the money It's been more than 10 months and i haven't received any amount and i m cheated and also they emotionally caused me a lot of damage so I would like to some compensation about the same. Also since they aren't registered, they are illegally organizing the trek against the rules of the thernataka forest department... What are my options.? How do i proceed with the evidence i have??
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1) issue legal notice to the founders to pay your salary dues for last 2 years
2) rely upon email sent by the company admiotting its liability to pay your dues
3) if company faisl to pay file summary suit to recover your dues
4) also file case of cheating , criminal breach of trust under section 406, 420 of IPC against the accused
1. You were promised a partnership but neither any partnership deed nor any agreement was executed between you and them.
2. Furthermore, it appears that there is no cogent documentary evidence to prove that you were employed in the start up. The only evidence with you is the email conversation and voice recording, but these can be used to only supplement the basic evidence. Be that as it may, you are free to file a civil suit for recovery of money in the civil court to get your salary with interest.
Does the fact the start up isn't registered affect anything.? Is it okay to still file a case against the founders.? I have no legal or written proof for partnership promised or offer letter but i have evidence to prove my work there and the founder him self stating i worked for him for the period and experience letter from the company. Will that be enough.?
1) you dont have share in partnership but you are entitled to your salary
2) the admission of company in its emails of liability to pay you salary will enable you to sue the founders for recovery of your dues .
3) since company is not registered the promoters of company would be liable to pay your dues
1. The absence of registration of start up does not emasculate your legal remedies.
2. Consult a lawyer with a print out of the email conversation and voice recording to get a clear opinion.
Also since they aren't registered, they are illegally organizing the trek against the rules of the thernataka forest department...
What are my options.?
How do i proceed with the evidence i have??
On the basis of evidence in your hand, you either consult a local lawyer and issue a legal demand notice or you can send a legal demand notice by yourself.
Let them give a reply either denying or accepting the demand but seeking time to pay, this will become an evidence and base for filling a money recovery suit.
You can discuss with your advocate and proceed
Whether start up or a registered company, since you have evidence for having worked for them and it is recognised as a firm, you may first initiate legal process by ending a legal demand notice demanding the dues to you with interest and also compensation for the mental strain they have caused.
You may think of the option to file a money recovery suit after that.