• Loss incurred due to employee

I have incurred a very heavy loss due to an error by my manager. The loss is so huge that cant even recover from his salary for a years. Is there a way to recover full or part of the loss from him. As of now i am just acting normal with him so that he does not flees away.
Asked 3 years ago in Labour

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8 Answers

your query is silent about error done  by manager resulting in loss 

 

you can terminate his employment 

 

as far as recovery of loss is concerned in absence of detailed particulars cannot guide you as to remedy available to you 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Loss due to error of judgment by an employee in business is difficult to recover from him, unless there is fraud suspected. Legally only one third of his salary can be retined. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Ask him to pay for the damages. Tell him that a fixed amount would be deducted from his salary. Also tell him that an fir and a case would be filed if he tries to flee or does any further damages.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  Send a Showcause notice to the errant employee to explain, as to why did he commit such an irreparable error, resulting in huge loss to the Company.

2.  Based on his factual submission to you, you can take further action suc as, lodging Police Complaint, to recover your loss atleast partially.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

What was the reason for the loss due to employee?

Has he done any fraud because of which you suffer loss?

If it is a crime report the matter to police and simultaneously file a money recovery suit with the support of documentary evidence to prove his crime and the loss you suffered.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear client, I am sorry to hear that. A full bench of the Allahabad High Court has held that in absence of a specific remedy in Employees' Service Regulations, an employer may invoke civil liability to recover the loss incurred by him due to the actions of an employee

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You need to claim it from his salary Or separate civil suit for recovery of the loss. See that you know the details of his property, house etc

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

- If that loss was occurred due to fault of that Manager , then you can recover the said damages after issuing a legal notice to him . 

- Further, if that employee has done fraud , then you can lodge a compliant against him before the police as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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