I have been working in my current company since January 2016. There is provision of expense reimbursement, which is to be applied online, which then gets approved and credited to my salary. I had applied for few reimbursement claims for the past 4-5 months which were successfully approved and credited to my account. Few days back i was contacted by HR department and i was informed that the claims i had applied for are not valid and will have to be deducted from my salary. I had no issues with that but i asked for a written explanation for why were the claims passed in the first place and also if i am paying back the amount i want it in writing that i have paid it back, but the HR is refusing to my demands and blaming be that i have filed fraudulent claims. Do i have a case here? Can we do something about this legally?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
They can't actually recover any amount from you, which at first place was obtained by you without keeping them in dark or without playing a fraud upon. Thus, meaning there by, if your claims were genuine and released in good faith by the company, that are legally not compete to seek a refund of the same from you at this stage.
You may turn down their request. You're competent to do this. In case they take a legal recourse, this may be keenly de defended in a court of law.
If these documents were not available for public and were official record then you could not have used the same for your personal use. You have used your official position for the personal benefit.
In usual course you should have filed the writ and should have asked the court to summon the records or the same would have been bought on record by the respondent in their counter.
Management in this case is at liberty to take appropriate action against you; please engage and consult a good local lawyer for further help who can defend your case well.
Regards
What is basis of claiming that you have filed fraudulent claims .?
2) I presume you have supporting documents to prove that you had incurred those expenses
3) you can object to deduction of reimbursement expenses from your salary
4) issue legal notice to your employer to recover said amount wrongly deducted from your salary
Hi,
This process is automated process and monitored by group of people in the industry. Every claims should be approved by your immediate manager. You can not ask for written letter on this but bank statement/salary slip is more than enough to prove your allegation. You can file recovery case against them.
1. On what basis are you being told that the claims for reimbursement were not valid?
2. If the claims were indeed not valid then you should allow them to deduct the reimbursed amount from your salary without any conditions instead of rubbing your employer the wrong way. If this snowballs into something serious then your employer may file a criminal case for cheating and breach of trust which will impede your career graph.
You can refuse to repay until you have been informed with proof that your claims are fraudulent.
You have rights to get it clarified and not to accept the allegations/blames blindly.
If your representation with the management fails to invoke any response you may plan to initiate legal action by first sending a legal notice demanding the explanation.
