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MMy brother did a wfh job 3 years ago. Since he was asked to come back to office, he handed over all the assets (desktop, headphone, etc) and worked from office for 2 months and then put resignation – got relieved.
after 3 years out of nowhere he is getting a legal notice stating he hadn’t returned the company assets. What to do?
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CSomething is missing in your story all the corporations have what we call ‘Full and Final Settlement’ after which they release employees give experience letters also last month or last 3 month (notice period ) salary depending on organization. Also, submission of assets takes to and fro emails and we get submission number/ticket number with manager approval and manager’s manager approval . If he has that ask him to login into alumni portal/ ex employee portal raise Helpdesk ticket and talk to asset management team/manager and then go from there.
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SThere are some preliminary questions which would be crucial here, firstly at the time of delivery of assets and return thereof were there any documents/receipts executed? Furthermore, most companies at the time of settling accounts and issuing certificates usually entails some form of acknowledgement from the company, I would cross-check those documents for any sort of reference/proof of return.
Secondly, this is from a litigation perspective, the notice would disclose as to whether they are contemplating initiating civil recovery from your brother or not, civil recoveries have to be initiated within, ordinarily, 3 years of accrual of a cause of action. In your case, the cause of action would arise when the notice period stood served and your brother got relieved. So more than 3 years have already elapsed from your brother being relieved, even if they initiate any action the likelihood of the action being successful is bleak, owing to it possibly being barred by limitation.
The advise above is in preliminary and based on the limited information you have provided and I’d advice you to consult a professional with the complete set of facts to get a better grasp of things.
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Mhe got relieved on august 2022.(there’s relieving letter nd fnf) so technically there’s still 2 more months for 3 years.
yes, there was a form filled and signed during asset submission.. (we dont have a copy of it tho)-
and there is no paperwork that we have when the asset was first given to him.
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SSo our limitation argument is somewhat out the window.
Be that as it may, I would respond to the legal notice with the complete set of facts through a local counsel. At times companies evaluate cost of litigation against actual recoveries and more often than not it just isn’t in the best financial interest of the company to actively litigate. This, however, is pure speculation.
I would say check your agreements for a dispute resolution clause and things would proceed accordingly.
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