Employee Resigned After 7 Days, Withheld Company Property & Misused Official Email — What Legal Action Can I Take?

Community Forums Legal Advice India Employee Resigned After 7 Days, Withheld Company Property & Misused Official Email — What Legal Action Can I Take?

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      Swiftwolf7567
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        Swiftwolf7567
        PARTICIPANT
        April 17, 2025 at 12:18 pm
        One of my employees worked for only seven days and then informed me via WhatsApp that he could not continue with the job. Despite multiple assurances, he has not returned company property, including a bag, visual aid, and other materials. He also sought a settlement, but during his brief tenure, he failed to report as instructed, and I have reason to believe he did not perform his duties.

        The employment agreement did not specify any notice period or resignation process, although it included termination clauses. His resignation was accepted voluntarily. However, even after resigning, he used the company’s email to send an unauthorized message to the HR department of another organization, which constitutes a violation of IT laws.

        I have warned him of possible legal action, as his conduct appears to amount to criminal breach of trust and may also constitute misappropriation of property. Additionally, his unauthorized use of the company’s email account may attract penalties under applicable IT laws. Given these facts, I wish to initiate criminal proceedings. I would also like to know whether such legal action could in any way be turned against me. Apart from criminal action, I understand that a civil suit can also be initiated for the recovery of damages caused by his actions.

        P.S: Our company has less than 5 Employees as of now and this person was on an internship for two months.

      • #13083 Reply
        Abhaypanda81
        Participant
          A
          Abhaypanda81
          PARTICIPANT
          April 17, 2025 at 12:36 pm
          Man you seem pissed. Sleep on this for couple more days and decide.

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