A Big Organisation threatened with Legal Notice and not completing F&F for 90 days.

Community Forums Legal Advice India A Big Organisation threatened with Legal Notice and not completing F&F for 90 days.

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    • #68594 Reply
      User_c5c6eb10
      Participant
        U
        User_c5c6eb10
        PARTICIPANT
        January 22, 2025 at 2:13 pm
        I receivedI work in the IT industry and joined a company in April 2024. Here’s a timeline of events:

        • **September 2024**: Praised by my manager in front of the entire team for delivering excellent work.

        • **October 21, 2024**: Informed by my manager that I was underperforming and placed on a Performance Improvement Plan (PIP) for one month.

        • **[Worked diligently to meet PIP goals.]**

        • **November 14, 2024**: Despite efforts to improve, my manager informed me that I was being let go because my work had “external dependencies.” I was told my last working day would be the same day, and I would be paid up to that date.

        • **November 19, 2024**: Received an email from the company alleging I had posted defamatory statements on social media, with a demand to take them down under the threat of legal action.

        • **November 21, 2024**: Received a formal legal notice demanding ₹5 crore in damages, along with a threat to inform future employers and damage my career.

        • **November 26, 2024**: Replied to the initial email denying the allegations and requesting details of the alleged post.

        • **December 2, 2024**: Sent a formal reply-cum-legal notice denying all allegations and demanding my full-and-final (F&F) settlement. I incurred a legal expense of ₹25,000.

        • **December 14, 2024**: Called HR to inquire about my F&F. HR refused to process the settlement and claimed my dues were withheld to recover damages.

        • **December 18, 2024**: Sent another email requesting F&F settlement. Received no response.

        **Pending Dues**

        • **Notice Period**: 2 months’ salary.

        • **Unpaid Salary**: 14 days for November.

        • **Earned Leaves**: 13 days.

        **Request for Advice**

        I seek guidance on how to recover my pending dues and move forward. What are the appropriate steps I should take to ensure my rightful payment is processed?

      • #68599 Reply
        Vikramrider800
        Participant
          V
          Vikramrider800
          PARTICIPANT
          January 22, 2025 at 2:18 pm
          Complain to labour commissioner

        • #68598 Reply
          Niharikarider869
          Participant
            N
            Niharikarider869
            PARTICIPANT
            January 22, 2025 at 2:22 pm
            Did you post anything in social media that triggered the company?

            • #68601 Reply
              User_c5c6eb10
              Participant
                U
                User_c5c6eb10
                OP
                January 22, 2025 at 2:28 pm
                No

            • #68597 Reply
              Vandanashark196
              Participant
                V
                Vandanashark196
                PARTICIPANT
                January 22, 2025 at 2:31 pm
                Lawyer up.

                Send them a notice through a labour lawyer.

                Get the due + interest + lawyer fees

                Companies hate being sued. Do it.

                If the company and you are based in Mumbai I can connect you with some lawyers.

              • #68596 Reply
                Navinpanda317
                Participant
                  N
                  Navinpanda317
                  PARTICIPANT
                  January 22, 2025 at 4:13 pm
                  Labour commissioner

                • #68595 Reply
                  Vimalowl309
                  Participant
                    V
                    Vimalowl309
                    PARTICIPANT
                    January 22, 2025 at 11:28 pm
                    Lawyer from delhi here!

                    Send them a legal notice and then file a complaint with the labour commissioner of your respective area and he’ll help you get all the dues.

                    If your agreement has an arbitration clause then section 7 notice informing them about the initiation of arbitration proceedings.

                    • #68600 Reply
                      User_c5c6eb10
                      Participant
                        U
                        User_c5c6eb10
                        OP
                        January 23, 2025 at 12:37 am
                        Thanks

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