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UI run a 9-person App development company in Bangalore.
We used to be doing well until last year but a newly recruited employee poached a high-paying client to another firm leaving us completely devastated.
This client was responsible for nearly 40% of our income and their loss has necessitated changes in policy for existing employees.
I used to be very generous with bonuses and WFH due to the ex-client’s requirements but their loss has necessitated us to revoke those policies and revert to our old model of “Office-only”.
These “policies” that I speak of were written (most probably copied from the internet) by my co-founder who is now deceased. They were compiled into a single document, printed and distributed amongst our employees.
One of these “policies” was permanent WFH. My co-founder probably added this due to the client I mentioned earlier.
Now, this “policy” that is in our employee handbook is causing us problems.
We hired a new developer a few months ago who at the time said that he would be opting to work from home which was fine with us and allowed him to do so.
However, with the loss of the client I can no longer offer WFH to him and have to transfer him to another process which requires him to work from the office.
He says that this is not acceptable to him and that we are compelled to make adjustments to allow him to work from home as it is in the Employee handbook which was given to him at the time of his onboarding.
We tried to convince him in many ways (including letting him go with a severance) but he remains adamant that we continue to employ him and let him WFH as it was mentioned in the employee profile.
He has threatened legal action saying his relative is a famous lawyer who can make things difficult for us.
So that is why I would like to know if he has a winning chance if this goes to the court? Is our hastily created “Employee handbook” legally binding?
Or to put in other words if this were to go to court, how would the court treat this document?
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