Company threatening data forgery after leaving
10 months ago
Dear Sir/Madam, I worked for 2 years in my previous company and served 2 months of complete notice period. I received a call from the HR asking me to visit the office. I asked for reason and stated that I am unable to come now as I am no longer an employee and if needed can be available on video call. The HR called me and again asked me to come.n further probing the HR said that data forgery has come up in some audit and I need to be available to answer few questions. None of such incident of data forgery had come up during my tenure or during my notice period. She also threatened me of stopping my F&F settlement dues of 2 months. She also threatened of filing case if I don't come to office. I know for sure that I haven't done any forgery and they are up to mischief to stop or delay my settlement. Kindly advise further course of action as it has only been 15 days since I left the company and ideally 45 days waiting is there.
If any misconduct is committed by an employee during the tenure of employment including the notice period, the Employer can issue a show cause or charge sheet asking for your explanation to said show cause and on finding your explanation unsatisfactory they may initiate disciplinary action following the model standing orders holding an inquiry and giving you an opportunity to defend the allegation. But all these actions or procedure is not applicable to an employee on cessation of his employment or relationship with the Company. So, on cessation of employment, an employer can neither take any disciplinary proceedings for misconduct against an ex-employee which was not initiated while he is in service nor withhold his F & F Settlement as a penalty for any misconduct, especially in the absence of any specific stipulation in this regard in the terms or contract of employment. So, in the given situation, you need to visit the Office of the concerned Labour Commissioner with a complaint over alleged victimization and unfair labour practice for the non-issue of relieving letter on cessation of employment and non-settlement of your dues by the Company on submission of your resignation along with your offer letter and letter of resignation and other correspondences to resolve your grievance failing which you may file an Application u/s.33C(2) of I D Act to the Labour Court in prescribed form claiming dues from your employer. For any kind of assistance you need for the drafting of a complaint or application before the authority or Labour Court, you may contact our legal team for the purpose along with your all relevant papers
Listed company registered office in residential premises.
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