• Threatening for Legal action by ex-employer

Hi sir/madam,
I was employed with a Japanese Electronics MNC in accounts department. After serving 2 years 10 months, I resigned on 25th Sep-21. After discussion with HOD and I served 26 days notice period though full notice period was 30days. For rest 4days, I have bought out. The same was approved by HOD,CFO and HR head subsequently. After serving notice period of 26days and handing over all of my belongings, pending work and knowledge transfer to 2 designated ex colleagues deputed by my ex boss. 20th Oct -21 was my last working day. On the last working day, I got all clearance as completion of my handing over process including from my HOD and hand over all assets which were under my custody. On 22nd Oct-21, I got reliving letter, by mail, issued by HR Head of my ex employer and on 28th oct-21 I received my full and final amount. On 10th Dec-21, my ex boss called me and informed me that there was escalation by one of those ex colleague who took handover and respective vendor, that pending 500 invoices which were not proceed and are unpaid since Jun-21. The same were not disclosed by me during my handover process and I did intentionally to make them suffer. He asked me to give it by mail or whatsapp message why these 500 invoices were pending and I did not disclose it. If I did not do that HR department of my ex employer will issue a notice and proceed for legal action. Needless to mention, my ex boss conveyed this message by phone call only. 

1)What shall I do? 
2)Can my ex employer take legal action for pending work after issuing reliving letter? 
3)Can they contact to current employer for this? In that case what are my options available?
Asked 4 years ago in Labour

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6 Answers

There is nothing in writing by ex employer 

 

2) wait for written notice 

 

3) submit your reply deny allegations made state your side of story 

 

4) they would not contact your current employer 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

1. It is not known what you have replied to your ex-boss over phone when he conveyed this message to you over phone alone.

However, if you receive any notice to this effect officially by post or courier (not by email), you may give a reply denying the allegations leveled against you and can claim that the firm has already relieved you after properly scrutinising your resignation notice, hence you are not liable for anything that has happened after you left the organisation.

2. First let them serve you the notice after which you can decide further action on it.

3. There is no necessity to contact your current employer on this, the current employer will not entertain such complaints. 

T Kalaiselvan
Advocate, Vellore
90215 Answers
2507 Consultations

Wait for issue of written notice 

 

Then send reply that relieving letter has been issued after detailed scrutiny by the management 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

You don't commit anything in writing until and unless you're given a notice in writing. 

You may even avoid a stretched dialogue over to prevent call recording and persisting threats thereupon. 

 

T Kalaiselvan
Advocate, Vellore
90215 Answers
2507 Consultations

Dear client, 

they have issued all the certificates which show you have done your duty so, there is nothing wrong on your side even if they take legal action against you. Contacting your employer for this is wrong and you can give them a warning to not do it. 

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

1. You can send them legal notice before they send you. 

2. It can't but false action can be carried out. 

3. If they do then you can take legal action against them based on the circumstances

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

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