90,000+ Legal Questions Answered

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

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCHit Fund
Dear Client, When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque i...
question iconTerrace rights
Dear Client, The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of a multistoried building. Legally, a Landowner or Builder...
question iconDisciplinary process for officer rank employee and a management staff.
Dear Client, Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
question iconRepairing require for 4 storage Building
Dear Sir, Every major repair to any building requires permission from local authority like KMC etc.
question iconDisciplinary process for management staff
Dear Sir, The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...