Irrespective of the authenticity of the emails, any allegations made against you has to be proved by conducting domestic enquiry where the company has to provide you an opportunity to defend yourself in observance of principle of natural justice. The management cannot arbitrarily take any decisions violating the laws of the land.
Since you are meeting a lawyer, hopefully something fruitful would come up. Please share your experience too.
From India, Kolkata
243Since you are meeting a lawyer, hopefully something fruitful would come up. Please share your experience too.
From India, Kolkata
I went to the office this morning by 10AM, but was informed by HR that Director had asked me not to come until I discuss with him on extending the terms.
Below is the content.
"Arun,
Thanks for your email which is rather long and impossible to read. It is full of contradictions and not factual. We do record all calls whether skype or phone and I have you on record committing to certain deadlines which you repeatedly failed to meet. I am happy to provide you with plenty of proof from your coding which points to hard coding at numerous places and just poor lazy coding.
I appreciate (and as you have acknowledged) that since your joining you have had plenty of personal problems with your and your each and every family members health etc and we have as a company and individuals been very generous is accommodating your troubles, however, the company is not obligated to consider every personal problem that you have, especially since it has started disrupting the work, affecting the morale of other employees who really work hard and honestly.
As you can understand that in my position as senior member of the management and in the capacity of a leader of the company I cannot allow such behaviour to continue and turn a blind eye to it. I can neither allow others to be demotivated and give the impression of favouritism by letting you get away with every breach and misdemeanour.
As such you cannot choose to come in and be absent without leave from the office any time you please regardless of your personal problems.
Please don't come to office until such time as you are able to confirm your extension of the notice period in accordance with the terms of your contract. I am happy to speak to you tomorrow and hopefully we should be able to reach an amicable resolution.
I shall call you at 3pm on your phone so please confirm."
Also, met a civil lawyer today and he advised me to reply to this email saying that he can me on phone tomorrow and we shall discuss and discuss 3 points.
> how long should i extend my time, and since I am still in probation I should be submissive
> immediately unlock my official account (doing so I can prove that he indeed manipulated emails that he had forwarded to me)
> immediately release my salary
My main question is:
> can an employer simply ask me not to come to office just like that
> If i dont agree to his terms, what will happen to my future days and applying for other companies
> what will happen to my notice period days starting now till Feb 26th when it was supposed to end.
From India, Chennai
Below is the content.
"Arun,
Thanks for your email which is rather long and impossible to read. It is full of contradictions and not factual. We do record all calls whether skype or phone and I have you on record committing to certain deadlines which you repeatedly failed to meet. I am happy to provide you with plenty of proof from your coding which points to hard coding at numerous places and just poor lazy coding.
I appreciate (and as you have acknowledged) that since your joining you have had plenty of personal problems with your and your each and every family members health etc and we have as a company and individuals been very generous is accommodating your troubles, however, the company is not obligated to consider every personal problem that you have, especially since it has started disrupting the work, affecting the morale of other employees who really work hard and honestly.
As you can understand that in my position as senior member of the management and in the capacity of a leader of the company I cannot allow such behaviour to continue and turn a blind eye to it. I can neither allow others to be demotivated and give the impression of favouritism by letting you get away with every breach and misdemeanour.
As such you cannot choose to come in and be absent without leave from the office any time you please regardless of your personal problems.
Please don't come to office until such time as you are able to confirm your extension of the notice period in accordance with the terms of your contract. I am happy to speak to you tomorrow and hopefully we should be able to reach an amicable resolution.
I shall call you at 3pm on your phone so please confirm."
Also, met a civil lawyer today and he advised me to reply to this email saying that he can me on phone tomorrow and we shall discuss and discuss 3 points.
> how long should i extend my time, and since I am still in probation I should be submissive
> immediately unlock my official account (doing so I can prove that he indeed manipulated emails that he had forwarded to me)
> immediately release my salary
My main question is:
> can an employer simply ask me not to come to office just like that
> If i dont agree to his terms, what will happen to my future days and applying for other companies
> what will happen to my notice period days starting now till Feb 26th when it was supposed to end.
From India, Chennai
> can an employer simply ask me not to come to office just like that
No. If an employer asks you not to come to office it means refusal of employment which is equal to illegal termination. However, if the employer asks you not to come for any specific reasons (as in your case) you will remain in employment and will be entitled to salary.
From India, Kolkata
No. If an employer asks you not to come to office it means refusal of employment which is equal to illegal termination. However, if the employer asks you not to come for any specific reasons (as in your case) you will remain in employment and will be entitled to salary.
From India, Kolkata
This is the latest development and below is the latest email from the Director
"Dear Arun,
You are burning all bridges with your absolutely non-sensical accusations bordering on pathological lying.
If you continue this way then I will have no options but to terminate you with immediate effect.
Please note that there is nothing unethical and illegal of stopping a rogue employee to enter premises if I have sufficient reason to doubt the integrity of such employee. At the end of the day I am duty bound to protect my premises, my employees, Obsessory's systems and software assets. I would implore you to seek legal counsel so that you have a better understanding of your rights.
You had a "slip disk" and you were being treated by injections. Your wife had asthma and your dad needed a transplant and your mother had a heart attack.
Please provide medical certificates for all these. Failure to provide evidence could lead to your termination of your services on account of breach of contract. Please note that Obsessory will retain the right to proceed with legal action against you for trying to defraud Obsessory on false pretences and lies without intention to deliver any assigned work throughout your stay.
Please note that I am not obliged to seek an amicable solution but am trying to do so for you career's sake but you are making things very difficult by your aggressive and confrontational attitude, which leaves me no choice but considering initiating legal proceedings against you to claim the monies you received from Obsessory so far as salary on material breach of the contract.
Most noticeably you have not so far acknowledged that you will extend your notice period and serve 45 days as per the terms of employment contract with us and complete the agreed tasks inspite of my asking so. I firmly believe that you do not intend to serve your notice or deliver any assigned and agreed tasks. If you do then please confirm that you will do so in writing and I will have a legal bond agreement made available for you to sign after which you will be allowed to resume your duties and your full and final settlement shall be made once all such legal obligations are met by you.
I shall not be engaging in any further dialogues with you until I get a written confirmation by tomorrow 14-Feb-2017. "
As advised by my civil lawyer, I had very humbly replied to his email saying I am not being aggressive, just asking few clarifications on why I am being accused all of a sudden. Also provided all the necessary proofs of mine, fathers and mothers medical report. And informed I had always intended to completely serve my notice period and since 19 days of it had been missed due to my mothers medical emergency, I would like to extend my notice by 19 days and serve the same".
Till date I had not showed to management, that I knew of the email dates that they have changed to make it look like it was sent earlier and I didnt respond ealier itself.
Explained in this thread: https://www.citehr.com/579062-salary...-employer.html
Now after replying to his above email, I have replied to the email forwards saying that I had checked my emails up until 2nd Feb-17 and did receive any such warning/notice emails until 5th Feb and I have reasons to believe that the date was changed before forwarding and asked them to send the email again to clarify our doubts.
Any suggestions on what I should do next or idea on what would the management would do next ? Because, I know I have all the evidence from my side, but still if it goes to civil case, management has the resources and more over he(Director is an NRI) in London freely.
Some say, that I should first file a civil suit for breach of contract from employer by tampering with the emails to gain superiority over me to make it look like it was sent earlier and I didnt respond.
Others say this would never stand a chance in court and let it go and simply just do what the management says.
I am very depressed and deject with these turn of events, given that I just saw my mother nearly dead and just recuperating.
Any advice please?
P.S.
Also, please let me know how to make texts bold.
From India, Chennai
"Dear Arun,
You are burning all bridges with your absolutely non-sensical accusations bordering on pathological lying.
If you continue this way then I will have no options but to terminate you with immediate effect.
Please note that there is nothing unethical and illegal of stopping a rogue employee to enter premises if I have sufficient reason to doubt the integrity of such employee. At the end of the day I am duty bound to protect my premises, my employees, Obsessory's systems and software assets. I would implore you to seek legal counsel so that you have a better understanding of your rights.
You had a "slip disk" and you were being treated by injections. Your wife had asthma and your dad needed a transplant and your mother had a heart attack.
Please provide medical certificates for all these. Failure to provide evidence could lead to your termination of your services on account of breach of contract. Please note that Obsessory will retain the right to proceed with legal action against you for trying to defraud Obsessory on false pretences and lies without intention to deliver any assigned work throughout your stay.
Please note that I am not obliged to seek an amicable solution but am trying to do so for you career's sake but you are making things very difficult by your aggressive and confrontational attitude, which leaves me no choice but considering initiating legal proceedings against you to claim the monies you received from Obsessory so far as salary on material breach of the contract.
Most noticeably you have not so far acknowledged that you will extend your notice period and serve 45 days as per the terms of employment contract with us and complete the agreed tasks inspite of my asking so. I firmly believe that you do not intend to serve your notice or deliver any assigned and agreed tasks. If you do then please confirm that you will do so in writing and I will have a legal bond agreement made available for you to sign after which you will be allowed to resume your duties and your full and final settlement shall be made once all such legal obligations are met by you.
I shall not be engaging in any further dialogues with you until I get a written confirmation by tomorrow 14-Feb-2017. "
As advised by my civil lawyer, I had very humbly replied to his email saying I am not being aggressive, just asking few clarifications on why I am being accused all of a sudden. Also provided all the necessary proofs of mine, fathers and mothers medical report. And informed I had always intended to completely serve my notice period and since 19 days of it had been missed due to my mothers medical emergency, I would like to extend my notice by 19 days and serve the same".
Till date I had not showed to management, that I knew of the email dates that they have changed to make it look like it was sent earlier and I didnt respond ealier itself.
Explained in this thread: https://www.citehr.com/579062-salary...-employer.html
Now after replying to his above email, I have replied to the email forwards saying that I had checked my emails up until 2nd Feb-17 and did receive any such warning/notice emails until 5th Feb and I have reasons to believe that the date was changed before forwarding and asked them to send the email again to clarify our doubts.
Any suggestions on what I should do next or idea on what would the management would do next ? Because, I know I have all the evidence from my side, but still if it goes to civil case, management has the resources and more over he(Director is an NRI) in London freely.
Some say, that I should first file a civil suit for breach of contract from employer by tampering with the emails to gain superiority over me to make it look like it was sent earlier and I didnt respond.
Others say this would never stand a chance in court and let it go and simply just do what the management says.
I am very depressed and deject with these turn of events, given that I just saw my mother nearly dead and just recuperating.
Any advice please?
P.S.
Also, please let me know how to make texts bold.
From India, Chennai
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Medical Facts.pdf
Family[1].doc