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Right to recover losses by employee Right to recover losses by employee

7 months ago

Can an employee recover losses incurred by it from Employee due to the professional misconduct of the employee from the ancestral property of the employee

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
If professional misconduct is proven against the employee that incurs financial loss or damages, then the employer can withhold the settlement dues of the employee to compensate for the damage or loss. In case that falls short then the employer has to file a civil suit for attachment of individual share in ancestral property of the employee provided the property is partitioned between the legal heirs.In absence of Courts order, an employer cannot attach the share of the employee in the said ancestral property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear

In general, an employer cannot recover losses incurred due to the professional misconduct of an employee from the employee's ancestral property directly. Ancestral property typically refers to property inherited from one's ancestors and is considered separate from an individual's personal liabilities or professional conduct.

If an employee commits professional misconduct or negligence that results in financial losses for the employer, the usual course of action is for the employer to take legal action against the employee or seek compensation through a civil lawsuit. The employer may also explore other remedies available under employment contracts, labor laws, or company policies.
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Vidhi Samaadhaan Vidhi Samaadhaan

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