Fraud Case filed by my Ex employer Fraud Case filed by my Ex employer

4 years ago

I was working in a private IT company for 2 years and left the company on 19th Aug '19. The company didn't provide my salary for last 19 working and when I asked my pending salary from my ex employer he blocked me from Skype. Even he was not responding to me to clear my PF compensation, so I filed a case in PF office against the company and got my PF issue sorted. On 9th November I just gave him a personal feedback to him on WhatsApp and Skype which many ex employees already given negative feedback on Google reviews and Glassdoor. When I messaged him on WhatsApp and gave him a negative feedback he started telling me idiot, beggar and blocked me on WhatsApp. On 11th November the company HR called me on my phone and said that they will file a case on me for data theft and stealing company's clients, which is totally false. They also said that they will demand for a compensation of 25 lacks.
Please provide me guidance on what should I do now and how come data theft claim be filed on me now as the left the company on 19th Aug '19. I have handed over office equipments like laptop to the HR and got proper release letter from the company.

Advocate Upadhye & Associates

Responded 4 years ago

A.Hi,

I feel that it will safe for you a submit an application with the local police station highlighting the fact that the owner verbally abused you over the call and the HR is threatening to put a false data theft complaint against you.( Please remember to get a received copy with the sign and seal of the respective police station).

Now if the company decides to put any false charges against you; you will atleast have a defense to say that they have been threatening and you have informed the police in advance about the same.

This is will safeguard you for the future!
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 4 years ago

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A.There is no need to worry as it is not that simple for them to do that. If at all they file a case of data theft the burden of proof of theft will lie on them that there has been theft and they will have to give enough evidence of that. In today's world whatever we do with computer or internet or smart phones all of that leave traces which can be easily tracked and found out that who has done at what point of time in what system.
So, let them build case if you have not done anything then just hire a good cyber crime lawyer when the case comes up to defend yourself.
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