• HR and legal department harassment

Sir / madam ,

After resignation my employer has been desperate to harass me by all means of detrimental actions . Reason is I was productive for them and my subordinates also did quit for career growth .

When I am serving notice period I received a show cause notice from legal team of employer which is baseless . Their main motive is to drag the time to frustrate me , defame me and pollute my future career .appending the part of show cause Notice below ..Kindly advise what action I should take now 🙏

Till our investigation is not completed, you are suspended from the service. Besides above, the Company reserves its right to initiate appropriate legal action against you and also reserve its right to recover the benefits already paid to you and also the losses incurred/to be incurred by the Company.

Regards 
Debadatta Mishra
Asked 3 years ago in Labour

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7 Answers

Hello, 

  1. You need to send a reply to the show cause notice received with relevant details and explanations cautioningthem against vendetta measures just because you resigned from employment.
  2. Inform them that regardless of the suspension, your notice period must be treated as being in continuity.
  3. You can get a legal notice issued to the company warning against any action detrimental to your career and future employment prospects in a retaliatory manner.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

As on date you have not received results of investigations from your employer 

 

as and when company sues  you to recover any money engage a lawyer and file reply 

 

contest the suit filed by employer 

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

- Since, you have already served the notice period as mentioned in the offer letter after tendering resignation , then the employer cannot take any legal action against you. 

- Hence, reply the said show cause notice after stating that you have already resigned and there is no relation left with the company , and the rule of company is not applied upon you , and further mention that you are facing harassment and going to file a compliant against the management /HR of the company. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You have not mentioned if there is any departmental inquiry or disciplinary proceedings are pending against you.

You have stated that you have resigned from job but if the resignation was tendered after you were suspended then the employer can refuse to accept your resignation pending investigation.

However, if you have been served with a legal notice, then it becomes your duty to issue a reply notice denying their allegations accordingly, and if at all any suit is filed against you for recovery of their money, you can contest and challenge the same as per law and on the basis of documentary evidences in your support.

If the inquiry or the orders for suspension was initiated against you after you have tendered your resignation, then actually they do not have any case at all.

They are just trying to threaten you by abusing the power in their hand, you do not have to be worried or sacred in such an event, you can challenge all their legal actions appropriately on the strength of documentary evidences in your possession. 

 

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

First, you need to reply to the show cause notice point-wise against all the allegations made against you in it, deny them wholly, and say it is grossly unfair to suspend you based on those charges. Ask for an early investigation and inquiry. At the inquiry challenge the allegations on proper documentary evidence. Do not rush into any drastic action now. Proceed calmy and strategically.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Dear  client I am sorry to hear that but in this case you can approach the management or nearby police station and registered a complaint.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Reply to the legal notice and proceed.with your resignation 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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