Falsely accused of cyber crime case by previous employer
I worked with a small startup for 1.5 months and left it because of poor work environment. I joined a reputed MNC after that and things started looking bright. However after 1 month, my current HR asked me to resign citing reasons that I have failed background check. When I asked for details the HR told me that the founder of the startup has accused me of hacking into his account and sent an abusive email to all the employees and that he has filed an FIR against me. I was shocked at this allegation but the HR asked me to clear my name in this. Next thing I did was, hire an advocate and send him to the police station, but the advocate found that there was no FIR against me. He also told me that the circle inspector is lobbying with the founder to extort money from me. Now the advocate himself went to the CI and asked for the complaint but the Inspector refused and said there are none. The inspector called me and said I need to tender an apology and personally meet him with the founder present.
I am completely clueless and devastated. I want to pursue a legal action against such a pathetic person. I have lost my dignity, pride and my job and I dont want to pardon this person ever!
Asked in Criminal Law from Allahabad, Uttar Pradesh
Get an information through RTI from police that no such FIR was lodge against you by your previous employer. Then send a notice through a lawyer to your both employers and then file case for defamation, claim compensation etc.You may also file criminal case against them and inspector for harassment.
Advocate, New Delhi
Its really an unfortunate situation.
If there is no complaint against you by the former employer, then why the CI is asking you for apology to former employer. This is just harrasment. Make a complaint to his superior. May be to S P or Commissioner of Police. If possible, meet them personally and request them to look into your matter to straighten things out.
As regards loss of job, it's basis seems to be the incorrect information given to your current HR by someone, which resulted in failed background check. Find out out exactly who is responsible for emanating and spreading false information against you. Then you may serve him a notice through Advocate for compensation for loss of job and harassment. If not positively responded, then you may approach court of law.
1. The inspector has indubitably been bribed by your former employer, or there could be an agreement among them to share the amount you pay to your erstwhile employer for closing the case. The inspector has no right to call for an apology from you even if the FIR is lodged against you. If he lodges FIR then the utmost he can do is send his report to the court whereupon court will decide whether or not you have committed any illegal act.
2. You should complaint to the Superintendent/Commissioner of Police of your city against this inspector. If this representation also fails to put an end to the harassment you have been made to suffer then immediately move to High Court against the Inspector and also Superintendent/ Commissioner of Police. They will be taught a lesson by the High Court. Since no FIR has been lodged against you, as established by your advocate, you should meet your HR personally and use your skills of persuasion to convince him that no case is pending against you and your former employer has leveled unsubstantiated allegations against you out of sheer vengeance. If this exercise also proves futile then you may issue a lawyer's notice to him for wrongful termination from job.
3. Furthermore, you can also sue your ex employer for defamation for making untrue allegations against you which have deprived you of professional growth.
1. Collect the evidence from your present HR person about your previous employer's such frivolous complaint,
2. On receipt of the same file a police complaint against the earlier employer bringing the charge of black mail and extortion. If police does not act, file an application u/s156(3) praying for an order directing the police to investigate and act based on your complaint,
3. Get the informatuion from the police station throgh RTI route about the FIR and if there is no FIR filed against you, immediately submit the RTI reply of the police to your HR department as an evidence of false back ground report submitted by your earlier employer due to vengeance,
4. Also file a damage suit against the earlier employer.