I work for an institute which organized a college event and invited experts for workshops. One of the experts was invited on my end and negotiations etc. were done by me. Actually, I was the contact person for him and represented my university without holding any official post. When the event concluded my institute paid him half of his fees saying that his work was not complete and experts had suggested that he should be paid only half. The expert had sent us an invoice only and demands the fees as per the invoice, though we never had an agreement or contract. Now, the expert has sent us a notice stating that we have to pay him up or else he'll take legal action. He has also put my name in the notice including my director and institute. As, I am looking for a job abroad in the next few months, I am unsure if this is going to hinder my career progression in any way? Also, I have a few concerns: Will this be a civil case or a criminal case? If a case is filed, will I be an accused in the same or will it be only against the institute? Can I get my work visa cleared if such a case is pending against me? Will it make a difference if the case is civil or criminal? Is it a strong case against me and my institute? Should we pursue the case or negotiate and pay upfront? If the case is closed, then will it in any way hinder working visa approval? Your responses are highly appreciated with thanks in advance
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1) It is a civil dispute
2) There is no agreement to pay the fees demanded by the expert
3) You have no personal liability to pay the money as invitation was sent by the institute
4) if criminal complaint is filed you have to disclose pending complaint when you apply for visa
5) it is better to settle issue amicably
Hi
1) The matter pertains to payment of remuneration by the Institution and hence as an employee of the Institution you will not be personally liable.
2) Also since there was no agreement or contract, technically you do not need to worry at all.
3) Assuming the expert chooses to file a case, the only remedy available for the expert is to file a civil suit.
4) Mere filing of civil suit against you and your institution will not hamper your career progression overseas or your visa application to any foreign country.
5) Generally participants in workshops/conferences/seminars are only paid at the discretion of the Institution and not otherwise as claimed by Experts.
Hope this information is useful.
Will this be a civil case or a criminal case?
If that person intends to file recovery case, he would opt for civil case only.
If a case is filed, will I be an accused in the same or will it be only against the institute?
If that persons implicates you also in the case yo can defend yourself by saying that you are innocent of the dealings or agreement and neither you are the authority nor you have entered into any agreement with him. He may try to implead you also as a party for proper adjudication.
Can I get my work visa cleared if such a case is pending against me? Will it make a difference if the case is civil or criminal?
For criminal case he may have to depend on the police only and it may happen or not hence mostly he may file a money recovery suit under the provisions of civil law only.
If that is the case it will not hamper your visa process for travelling abroad or employment purpose.
Is it a strong case against me and my institute? Should we pursue the case or negotiate and pay upfront?
It is better to pay him the negotiated amount instead of inviting troubles.
If the case is closed, then will it in any way hinder working visa approval?
In my opinion it will in no way hamper the visa process.
Dear Querist
My opinion on your queries are as under:-
1. Will this be a civil case or a criminal case?
Opinion: It is only a civil case and no criminal case has been made out.
2. If a case is filed, will I be an accused in the same or will it be only against the institute?
Opinion:- as this is only a civil nature case, hence nobody will be the accused but he may file a civil suit and you may be a party in his suit as defendant.
3.Can I get my work visa cleared if such a case is pending against me? Will it make a difference if the case is civil or criminal?
Opinion: Yes, there will be no problem as this will be a civil case and not criminal, you can get Visa easily.
4. Is it a strong case against me and my institute?
Opinion: No, there is no criminal case has been made out.
Should we pursue the case or negotiate and pay upfront?
If the case is closed, then will it in any way hinder working visa approval?
Opinion: settlement is always better, try to settled the matter amicably and closed the matter it will be better for both the parties.
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1. The matter is only civil in nature, so unless he files a criminal complaint it will not ordinarily harm your career prospects.
2. The remedy for him is only civil in nature i.e he can at the most file a civil suit for recovery of money, but because a civil case does not act as a deterrent and it also takes long time to be decided, people also file a criminal case.
3. It is wise to make an amicable settlement instead of taking a plunge in litigation which will be expensive and protracted.
