• Partnership

I had an employee who worked for me. I used to give him salary and incentives.my business expanded and he was also given perks by me.he worked from 2010 till 2015.in 2015 he started his own business at new place and stopped coming.in 2017 he suddenly came and is claiming incentives for last 2 years. When I denied he sent me a legal notice claiming his partnership without proof and is threatening and harrasing me.he says he has not made partnership deed beck he trusted me and wants share of profit
Asked 4 years ago in Business Law

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14 Answers

1)employee has no share in your profits

2) he would not be entitled to any incentives unless there is such a clause in appointment letter

3) you must reply to legal notice

4) deny all allegations made

5) file police complaint of criminal intimidation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

you must record his calls

2) prepare transcript of conversation

3) then file police complaint of criminal intimidation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You have good case no need to worry at all without there being anything agreed in writing no partnership in any business owned by any person can be claim by outsider. You can immediately file a case for injunction and get order of restraining him from interfering in you business or to influence the same in any manner. Police will never take action against you as no case of any offense is made out. You must respond to his legal notice and file proceeding for obtaining injunction.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

Send a reply to his legal notice, denying all his allegations.

If he was not a partner with you in this partnership, he can seek no share in the profit earned by the Partnership.

If you have already cleared all his admissible dues, there remains nothing that you owe to him.

His legal notice is misconceived.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Follow-up with the Police and request them to lodge a FIR in the present matter.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

He's just trying to blackmail you very common practice and you need not to worry about this and there is no need of replying this notice if you reply this notice it means there is something which you accept our confronted instead you need to file FIR in the section 420 in the police station.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

reply the notice and ask him prove the partnership, the partnership has to be in written, oral assurance is not accepted. and also you can prove the incentive and perks give to him as a salary till he was employed with you, you also might have other employees who were working at time he was employed they can be called as witness. you have a strong case ask him to take legal action against you. don't get into his fake pressure

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Immediately reply to the legal notice and deny all the allegations that have been leveled against you.

The employee does not have any share in the profit made by your firm, unless and until the same has been mentioned in the employment agreement.

Also file a case for criminal intimidation against him

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Reply to he notice and now FIR

If the police is not filing the FIR then lodge a complaint under section 156(3) of the Cr.P.C.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You are suggested to reply the legal notice denying all allegations.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. IF you have paid him periodically and obtained his signature on Salary vouchers, THEN he cannot claim any partnership status (whatsoever. You can orally tell him to go to hell.

2. File private criminal complaint in the local Magistrates court, for Blackmailing, Extortion, Intimidation, Threatening and other sections of the IPC.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

When I denied he sent me a legal notice claiming his partnership without proof and is threatening and harrasing me.he says he has not made partnership deed beck he trusted me and wants share of profit

If you have received a legal notice then it becomes your duty to give a reply notice.

In the reply you can deny his allegations and also send a warning note that you may initiate proper legal action for this extortion and black mail because he is doing it with an intention to extort money by illegal means.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Registered a nc at police station but no action

The police will take action only on a complaint and not on a non cognizable report.

You can convert this NC into complaint

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) You can give him legal notice and asking him all questions regarding the partnership evidence when, where and how this took place and ask him elaborate all in details. Put the burden of proof on him.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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