- This topic has 16 replies, 9 voices, and was last updated 1 year, 4 months ago by
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UContext: My friend was not getting paid by a startup company. Out of 5months, my friend was paid half salary for 3 months. He resigned effective immediately due to this and refusing to serve notice period.
Now before leaving he deleted some of his own personal work from company server. The owner being a scammer is threatening of legal notice because of data.
My friend has all the record of the data that he deleted and kept in his laptop(co didnt give their own laptop). The data are not company data.
The lawyer he consulted is asking him to play a
‘sufferer’ and asking him to send mail saying he will co-operate.Do you think lawyer’s stance is correct here? Dont someone who has record of data which was deleted and not being paid, have to co-operate and cant send legal notice demanding dues and all?
Also the owner didnt deposit any Pf amount from the starting.
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SUnfortunately, the work he did was company property. Depending on where that work is stored, it might be difficult to prove that it is company property or not.
If he didn’t deliver it in first place, then he doesn’t have to give it to the company, he has right to firfeit delivery of work till all wages paid. If he did deliver and later deleted the work, that is illegal, and company can ask for damages in terms of financial compensation or return of the company property.
If it falls under company property, then he will have to return it.
Now, your friend not being paid, that is a different case, and will have to be dealt separately.
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UThis work was not delivered…he can show the content also in a court
As I said the owner is a fraud, he is trying to divert the case away from pending dues. He might not even agree that the data deleted is not important or necessary for his company. We dont even think he can provide the deleted file names.Cant we be aggressive in dealing with this situation.
We feel the lawyer is being a bit defensive and not wanting to send legal notice. Data, however unnecessary, can also be provided if dues are also cleared.
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SAs I said, withholding work, in lieu of unpaid dues, is permitted, and your employer can pay you to get the work.
Deleting work thay was already done. If you stayed only on your personal laptop, it is still under the realm of withholding work (and permitted). If it ever was on any company asset (like company’s laptop, or server, or something like github) for even a few seconds, it is now company’s property, and you WILL have to hand it over, and the pursue for your wages.
If you understand the above, and you are only withholding work, then your lawyer is idiot, and you can go to another lawyer.
If you mention “deleted” anywhere, another lawyer will also say the same, as it is illegal. If you approach with the withholding case, then lawyer will help you.
Question for you: What do you mean by “deleted” files.
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HJust move on. The lawyer is right. In front of court your friend ill come off as nasty employee. Which may favor the company.
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UWe are trying to raise voice more than receiving the pending dues. We thought of complaining to labour court and pf grievance. The owner hasnot paid money to many of his ex-employees and didnt pay any epf deposits.
I dont think he will come off as bad if he shows all the data that was deleted and other proofs.
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HThen why are you wasting time with lawyers. Just go to the Labour court. The owner will learn his lesson in 2 days.
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UHe went for some consultation as the owner was threatening him with lawsuit for deleting data from server. The initial plan was for that only.
So just want to know how strong will be his case if owner now sues him for malpractice. -
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PWhat ever code or data your friend had produced during his tenure is considered property of the company.
This not only makes him liable, also has dented his career. Actions like this can easily make one non-hirable.
You can indeed file a case for unpaid wages, but if the company does file a case against your friend for his actions, it will show up in all background verification and essentially screws your friends future prospects.
My advice make a compromise with the company, your friend not filing any cases for wages in return for them not filing a case on your friend.
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UThe company dont even know the ppts and which were deleted and never saw those anytime. We can prove that in court that its not something for them.
Just want to know how it will dent his futute? He will not show this 5months experience. Still will that come up? They didnt pay epfs so there is no records.
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UOkay here are my thoughts. The courts you are referring to, do not have time for small time companies. The lawyers you would be dealing with (unless they charge 5 lakhs per hearing) do not understand basics of IT). So to them and a regular court, your friend stole the data (albeit untrue the employer can claim that his actions caused him loss).
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UOut of topic, it reminds me of [Silicon Valley](https://www.imdb.com/title/tt2575988/).
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