• Threat of termination on fictitious ground

Dear Madam / Sir,

My employer has started verbally threatening me of termination based on mere suspiscion that I am leaking trade secrets to competitors. They are also threatening me that they will withold my salary and also give me a damaging release letter so damaging that I will never be able to find another job in the industry. They are also threatening that they will deny that I have ever worked in this company. I have the appointment letter and some other letters pertaining to increments. It is a small and private organization (about 50 employees) and I have worked here since June 2006. I am solely dependant on this job for my livelihood. 
 It is unlikely they will ask me to resign on paper. Also, the owner is well connected and has an elder sister who is a high court judge.

May I humbly request your advice on What should be my approach now at this critical juncture?
Asked 8 days ago in Civil Law from Kolkata, West Bengal
If employer has no confidence in you and threatening you then submit your resignation 

2) search for an alternative job 

3) serve notice period mentioned in your appointment letter 

4) if your services are terminated it would be blot on your career
Ajay Sethi
Advocate, Mumbai
45592 Answers
2679 Consultations

5.0 on 5.0

1) Try to politely with all of them don't talk against and try convince that you had never ever leaked any information to competitors.

2) Request them that not to remove from job as your family is dependent on this job. If you wil be jobless than you will be in trouble.

3) For next 2-3 months work their and start searching new job whichever is suitable for you.
Ganesh Kadam
Advocate, Pune
2280 Answers
7 Consultations

4.9 on 5.0

1. Please try to find another job and relieve yourself from this job

2. It's worth than taking daily stress

3. At this point there is nothing which you can do legally
Yusuf Rampurawala
Advocate, Mumbai
565 Answers
2 Consultations

5.0 on 5.0

Hello,

Make sure that you have max written communication with them.
Also keep on recording such incidents wherein they are threatening you.
Talk to the employeer for the settlement of the issue and removal of the misunderstanding.

Regards
Anilesh Tewari
Advocate, New Delhi
8949 Answers
110 Consultations

5.0 on 5.0

See first approach can be try to settle issue amicable and try to convince employer that there was no activity carried out by you.

Further at this point when you are dependent on job and no action is taking still from there side it will waste to indulge in legal battle with them. if they take any inappropriate step then you can file a suit against them.

further try searching another job and resign from present job it will be best course of action serving notice period.
Shubham Jhajharia
Advocate, Ahmedabad
2957 Answers
9 Consultations

5.0 on 5.0

Yes, once you have legally served the notices period then you can go for your rights legally.

Though the path would require a little passio from your side but yes would give you relief at the end.
Sanjay Baniwal
Advocate, South Delhi
1241 Answers
4 Consultations

4.9 on 5.0

1)yes you can file a suit for harassment and recovery of damages but you need evidence for same, 

2) Yes a case for same can be filed against the employer
Shubham Jhajharia
Advocate, Ahmedabad
2957 Answers
9 Consultations

5.0 on 5.0

1) You can give proper resignation letter of 2 or3 months whatever is your procedure in writing and in email as well. On hard copy take acknowledgement from operations and HR department. Try to take all documents acknowledged for future prospects of you and kerp all documents safely at home.
Ganesh Kadam
Advocate, Pune
2280 Answers
7 Consultations

4.9 on 5.0

1) you are at liberty to take legal proceedings against ex employer after serving notice period 

2)however please note that litigation is long drawn and expensive proposition
Ajay Sethi
Advocate, Mumbai
45592 Answers
2679 Consultations

5.0 on 5.0

Not advisable to leave without clearing of your dues and proper paper work for termination of your services

They expect the employee to give a termination notice but would ask the employee to leave anytime at their whims?

That's highly inequitable 

Tell them if they continue with their attitude then you will be compelled to claim damages from the company

Also kindly inform the reason for their weird behavior? Do they have any concrete proof against you that you disclosed trade secrets to the company's competitors?
Yusuf Rampurawala
Advocate, Mumbai
565 Answers
2 Consultations

5.0 on 5.0

submit your resignation in writing . offer to serve the notice period . request company to give you a relieving letter as you have worked for organisation for over 10 years
Ajay Sethi
Advocate, Mumbai
45592 Answers
2679 Consultations

5.0 on 5.0

You dont put down your papers on your own.

Wait for them to initiate legal action to terminate your services.

You remain stubborn to not accept their charges, let them give any amount of threats.

Just because the owner's sister is a judge, they cannot take law into their hands.

You can approach high courts with a writ petition if you are illegally terminated.

What is actual reason that these people are behind you?

Are you guilty of the allegations leveled against you?

In the meantime you may look for an alternative since the relationship between you and the employer is going soar.
T Kalaiselvan
Advocate, Vellore
35765 Answers
389 Consultations

5.0 on 5.0

In that case, once I leave job after serving the required notice period, can I then take legal steps against the former employer for
A) constant mental harrassment (verbally)

No, once you have resigned the job, you cannot initiate any such action agaisnt them because it may be considered as a personal vendetta.



B) Refusing to provide me a proper release letter / or not providing me a release letter at all.

Then you can serve them with a legal demand notice demanding your dues including experience letter and F&F settlement
T Kalaiselvan
Advocate, Vellore
35765 Answers
389 Consultations

5.0 on 5.0

Do not leave and against any oral order give a written reply
Anilesh Tewari
Advocate, New Delhi
8949 Answers
110 Consultations

5.0 on 5.0

You can give a resignation letter and there assent that they do not want you to serve notice period and they are reliving you from day itself.
Shubham Jhajharia
Advocate, Ahmedabad
2957 Answers
9 Consultations

5.0 on 5.0

1) You can ask them proper 2-3 months payment and all your PL, SL and CL and full n final settlement should be done.

2) and provide releasing letter and experience certificate.
Ganesh Kadam
Advocate, Pune
2280 Answers
7 Consultations

4.9 on 5.0

This is my response to you:
1. Offer your resignation letter and serve the notice period;
2. Ask the HR department or employer to hand you over the release letter and your outstanding salary;
3. If they don't provide the same, then send them a legal notice;
4. It is better to keep every communication in a formal and written format;
5. Even if you have proofs of them threatening you, then record their voices etc;
6. If the threats are life threatening, then you must approach the police station and file complaint.
Gowaal Padavi
Advocate, Mumbai
407 Answers
1 Consultation

5.0 on 5.0

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