In an absconding case of an employee, what legal actions can an HR person take from the employer point of view in India?
DISCLAIMER: ABSCONDING IS NOT TO BE DONE AND THIS POST IN NO WAY IS HELPING YOU TO TAKE ACTIONS ACCORDINGLY. PLEASE TREAT THIS ONLY AS SOURCE OF INFORMATION AND I AM NOT LIABLE FOR ANY ACTIONS TAKEN HEREWITH.HR cannot sue you or file a court case until and unless you have stolen some information/data or intellectual property which is not to be shared in public domain (remember you signed a contract/bond)Actions can be taken as below:Step 1- HR will try to reach out to you on your phone no.s (cell, landline, family members phone no., any emergency contacts you have shared during joining). This follow up can be done for various durations- days to weeks (normally not more than 2 weeks). Along with this various emails will be sent to you on your personal mail ID. HR will also talk to your friends in office, colleagues etc. (investigation!), you will become a center of gossip in office for few days :PStep 2- In case HR is unable to catch hold of you through any of the above, you will be declared as absconding in company records and your employment will be terminated with immediate effect.Step 3- You will not be provided with any relieving letter/mail, your salary from the date of absconding (depending on where it falls in pay cycle) will not be processed, no full & final settlement will be provided. All your access will be cancelled (including removal of access on your laptop from company server, VPN etc., in case you have taken the laptop with you).Step 4- In case company is using tools like SAP etc, they can share the same information with other companies and you can be blacklisted in market. HR's do share information across industry specially in MNC's. Next company can easily find out your past actions accordingly until and unless you are getting into your own business of course!P.S.- ABSCONDING is highly UNETHICAL and should be avoided, as it causes a lot of pain to the HR team and company who have invested and trusted in you.
Do i have a case to sue my employer? IBS?
I believe as of January 2009 IBS falls under the American with disability act? Can this act protect me from them firing me over this or getting the compensation i deserve such as performance? I understand you can pretty much attempt to sue for anything now a days, but i only want to attempt if i actually have a shot at winning this, because my employer is at (will) and as soon as any legal contact comes they will (can) me i just have a feeling. I have a documented medical case on file at my employer in HR for (IBS) Irritable Bowel Syndrome. By virtue of this problem i have to run to restroom frequently, which means it can be when ever, meaning i have no set time when i will need to use the bathroom. Basically what my job is complaining about is that i do not use my breaks at the set times i am suppose to this i can not help cause no one, even a healthy person can use the restroom set times per day. They told me that this is part of my performance review and when i get a raise me going over my breaks will cause my raise to be lower than others if i even get one at all. Well I had my review and i just barely got a raise of 35 cents i mean just came in under the wire. Due to the breaks. I feel like i am being discriminated against for my medical condition, and they only gave me the raise to make themselves look good, but will eventually fire me. In nj is this possible, what they are doing? i understand you do not have to be given a raise but something feels like they are crossing a line somewhere. I have seeked medical doctors for this problem i am on medicine for this issue and its starting help me feel better stomach wise, but holding me to set break times because of this is not right The other company that i do work works inside another company and they answer to the client. they client says i am doing a great job so i don't even see what there's a problem . i live in NEW JERSEY THANKS
Do i have a discrimination case against my employer?
well let me add that nothing in my job description as a visual merchandiser say that it's required to climb up and down ladders and work overnight shifts. By law, am i supposed to be accomodated because technically i'm considered to be temporarily disabled. i have talked to counselor at a career center who forwarded the situation to a discrimination office. the woman at the discrimination office recommended that i file a complaint, good decision or no?
How can I reopen my case against my employers 9 years ago today?
Depends upon the nature of your case.. First is it criminal like breach of trust or theft or forgery etc than there is no limitation period for it and you can lodge a fir, saying you just got aware of the act or omission.Second is civil in which case the statute of limitations apply and unless the circumstances is extraordinary, most court will reject the prayer on grounds of limitation, if applicable.. Which do apply here except if the subject matter of the suit is immovable property..Hope it helps
Can I sue my former employer if I was not paid for a month?
Yes you can this is not uncommon, but punitive damages are not available in breach of contract cases. What you can do if there are enough employees is seek a class action lawsuit against the employer for back pay. Back pay is explained here Back Pay Lawyers and class action is explained here. What Are Class Action Lawsuits? This situation is not uncommon and if you worked you need to be paid.
Can you win a “wrongful termination,” case against an an “at will,” employer in NYS?
I had a mental break down at my work after not taking my medicine. I made comments about wanting to put my kids up for adoption. I said I have thought about wanting to drive my car in a tree because it’s all to much for me. After leaving for the day they called CPS on me. The investigation is on going. My kids were taken from me because of their call. I do understand them calling but I am upset because the manager who made the call to CPS had the day off then came into work and listened to what co workers said I allegedly said.i was never once asked my side of the story by my manager or HR. My job knew I was struggling mentally so they allowed me to take a long lunch every week to see my therapist. HR told me they would not be seeking disciplinary action against me and they wanted me to get help. HR told me I would not be allowed back to work until I had a note from my doctor saying I was mentally fit for work. I made an appointment, then they fired me before I even had the appointment. At the appointment my doctor cleared me to go back to work as well. When I received my termination letter they put my reasoning for being terminated was “involuntary termination.” I feel I was discriminated against.When I asked HR about why I was fired they gave me very little explanation other than that I said comments that upset my coworkers. My break down happened on a Wednesday, then they called me that following Monday morning and fired me.
Can I sue my employer for wrongful termination if I am an at-will employee?
In the US, an employer can fire you for no reason or for any reason. There are a limited number of exceptions. Those exceptions include specifically protected classes. That is race, religion, age over 40, sexual orientation (in a limited number of locations) and so on. If an individual faked something to get you fired, you might have a lawsuit against that individual person. But your employer, since they don’t even need a reason to fire you, isn’t going to lose a lawsuit because they fired you for a made up reason. Unless that reason is to hide the reality of firing you for being part of a protected class.I agree with the person who warned you about your call recordings. If you recorded those calls in a state which requires all-party consent, or the person you recorded was in such a state, you are in for more trouble than it is worth and it is unlikely you could even use the evidence. So be careful about revealing the existence of those tapes until you are sure you didn’t break the law when you recorded them.The only way to know for sure if you have a case is to consult with an employment lawyer in your jurisdiction. But I have to agree with the assessment of the others here. I don’t see much to go on based on what you have told us.
How do I respond to an ex-employer who threatens to file a lawsuit after the end of an internship? I don’t have any money to hire an attorney.
That depends on the type of employee you were or what your contract says. If you were a W2 employee, you don't have much to worry about. Even if you were negligent in your duties it's generally on the employer to ensure you are doing your job. Unless you were willfully negligent and sabotage your employer delibritly they should have little case against you. I doubt a lawyer would take up this case and doubt your tightwad of an employer would really try to go down that path. If he contacts you again, clearly state you are no longer his employee and do not have to perform unpaid work for him and to stop harassing you. Call his bluff and ask that his lawyer provide you a written statement specifically outlining how you have breached your employment contract. If he actually does that, you may have a legal issue on your hand, but again I doubt he has much of a case against you, but that doesn't mean he can't make you spend money on a lawyer. Keep records of every conversation you have and all correspondence for this eventuality, but in all likelyhood, he is bluffing and you have nothing to worry about.If you were a 1099 contractor and your contract required specific delivery of something and you failed to do that, you would be liable, but that doesn't sound like the case here.
Can I file a lawsuit against my phone company for not allowing me to unlock my smartphone?
Thanks for A2A.I’m guessing you mean that your phone is “network locked” preventing you from moving to another provider.Read your Contract. Even after the initial contract period has expired, in Australia, the provider charges a “fee” to unlock the phone. It’s unethical, but it’s legal.If you search the ’net for your particular phone, you can find the unlock code and instructions on how to enter it yourself.Yes, you can probably mount a civil case to get the phone unlocked, but it would be cheaper (and easier) to have it unlocked by a third party.EDIT: 2017–04–11User has brought it to my attention that non-provider network unlocking is illegal in the US:Here is an article about DMCA which makes it illegal to unlock your phone yourself or through a third party: Unlocking Cellphones Becomes Illegal Saturday in the U.S.Here is the FCC FAQ about unlocking as well: Cell Phone Unlocking FAQs.I guess I should not be surprised that such monopolistic legislation exists, and it therefore behooves purchasers to vote with their wallets and ensure that they only purchase unlocked phones.