• Full & final settlement written of by the employer

I was working in a HR team for a CA consulting from 2015 to 2018 have served my complete notice period got all clearances, resignation acceptance & relieving letter also. however after 2 months i got a mail stating that they are writing off FNF as a towards the non closure of fnf of other employees from my end. However the fact is company was running short of funds & they were not able to may any payments & with no fault of mine they are now putting entire blame on me. kindly suggest what can action can be taken against the employer under such situation
Asked 4 years ago in Labour

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12 Answers

Hello,

1) The company has no authority to withhold it write off what it owes you. Send them a mail demanding payment of your full and final settlement. If possible speak to whoever is responsible for the settlement. The ompany cannot in any way hold you liable for your performance at work and and withhold payment due to you when you have complied with all you needed to.

2) In case they are still adamant on their stand you need help of a lawyer. Issue a legal notice demanding immediate payment.

3) If the company still refuses to settle your payment you will need to file a civil suit for recovery of your payment.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

This is my response to you:

1. Write to the HR department and your employer about the wrongdoings;

2. Then send a legal notice to them;

3. Narrate all the facts, the cheating done by the employer;

4. Tell the company, the employer used to give direction to you to act in the manner;

5. Only after receiving formal communications you acted on the employer's commands;

6. You are being wrongly framed and you can take further legal action;

7. If they still don't pay you FnF then file a complaint to the labour court;

8. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the above query, makes it clear that now, they have been putting blame on you with no reason ka clarification.

Secondly, you need not to worry about it, and give them a reply by mail stating the same that what they have been trying to do with you.

Thirdly, if in future, they do something legally then you would have this mail saving you from their conducts.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Immediately file an application under Sec.33(c)2 of ID Act for recovery of your dues because if there was any due towards you should be informed to you at the time of clearance if not then after thoughts have no place in law.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Sir serve the firm with a legal notice to give and clear complete dues and settle the full and final payment.

if the company fails a suit of the recovery has to be filed claiming all the dues.Further see merely putting blame doesn't suffice if your resignation is accepted the company now ought to give your full and final payment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. It is not clear whether they have given you the termination letter or not.

2. if yes then it must be in terms of the conditions set in the job contract.

3. Now while terminating your job for the reasons permissible under mutual contract the company is bound to give you all your pending dues and arrears salary and incentives.

4. if they fail to do so then you can seek legal remedy which is available both under civil and criminal jurisprudence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

issue legal notice to ex employer to pay your dues

2) if they fail to pay file summary suit to recover your dues with interest

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Send a legal notice to this Firm calling upon them to forthwith settle your account and make the full and final payment to you.

Just in case you want, before sending them the above legal notice, you may send them an e-mail saying that you'll take recourse to legal action against this CA firm incase the needful is not done at the earliest m

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

The employer can be sued for defaming you.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You have to issue a legal demand notice explaining the circumstances by which you are not responsible for non-payment of the dues to the employees who left the company in the past and you should blame the issue on the company revealing the financial constraints of the firm .

You can demand your dues within a time stipulated in the legal demand notice failing which you ma inform your company that you would proceed legally against them t]for this lapse on their part.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You will have to serve legal notice to your employer to pay the entire amount along with interest and compensation. Also state that they do not have any authority to write off in employees full and final settlement as all the formalities were done, prior to last day of working.

If they fail to pay the amount within 15 days of receipt of the legal notice you can file a suit for recovery in Civil Court against them

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Hello,

Send a legal notice to them for raising false allegations against you.

Warn them that if the same is done further then you will be forced to take legal action.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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