• Ex employer is refusing to handover full and final settlement money

Hi,

The CEO of my ex-company is refusing to hand me over my full and final settlement money. This despite I getting both my letters of relieval as well as experience from them. The CEO has a personal grudge against me as my other team members have got it 

I need legal advice. Thanks in advance!
Asked 4 years ago in Business Law

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14 Answers

1. The withholding of your legitimate dues is a criminal offence for which you can initiate legal action.

2. However before doing so send him a legal action mentioning your desire to explore legal recourse if he fails to relse your arrears salary and other benefits.

3. if he does not then lodge a complaint with Police alleging cheating as well criminal breach of trust. Once you do the police can register FIR and can arrest the person responsible for withholding your money.

4. There is civil procedure also but FIR is best suited to get back your money in not time.

best of luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Serve a lawyer's notice to the company to release the full and final settlement. If even then it is not released then a suit for recovery of money with interest, compensation and cost can be filed in the civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Issue legal notice to company to pay your outstanding dues

2) if company refuses file summary suit under order XXXVII of code of civil procedure to recover your money with interest

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Hi

Write a formal letter disclosing all the details and request the concerned to settle your F&F.

Letter to be addressed to HR marking copy to your reporting boss and CEO giving them one week's time.

If the same is settled, fine.

Else, it should be followed by Notice.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Send a legal notice to CEO of your ex-company to settle your dues within the target date. If there is no positive response from the CEO, file a civil suit to recover your due amount plus damages for the late settlement.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

File a complaint with the labour commissioner against the company for paying all your dues salary and gratuity whatever is remaining the labour commissioner shall try to mitigate with the company if company fails to pay the matter shall be put on board with the labour court .

First a notice to the HR and the management of the company can be served if they fail to take steps then a labour court case or civil suit based on jurisdiction can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Send a legal notice to your emploer for the Settelment of the amount. If he still fails to settle the amount then go ahead and file a suit for recovery of the money.

Do the same at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Querist,

To advise you better please let me know the amount of full final settlement.

You can approach to NCLT is the amount is 1 lac or more.

Reagrds

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

You'll have to serve a legal notice to your company asking them to pay your full and final settlement along with interest within 15 days of the receipt of the legal notice.

If they fail to adhere, you can approach Civil Court in file a suit for recovery of money against them.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

hello,

submit an application to the HR department in this regard and if they do not respond, the send a legal notice. a complaint case should be filed in case they do not respond to the legal notice.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Dear Client,

You can file complain to labor commissioner/court for recovery. No big deal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the F&F settlement has not been settled then you may have to issue a legal demand notice to the company demanding your settlement amount.

This can be followed by filing a money recovery suit.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You will get it. Don't worry. Please feel free to reach us for any assistance and immediate actions.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Dear Sir,

If you share all your details either in person or online I can prepare it. You may apply through this website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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