Hi friends, I have sent an email from gmail account to my co-employees. Below is the text, I have removed some names. " This man XXXXXXX who is a cheat and fraud has now cheated me badly. He is not giving timely salary to anyone, and he has done the same to me. He now wants to prove that I was out of office without informing him for 5 days from 12th Aug to 19th Aug, but the fact is I was in office on 12th Aug till 6:30pm working with XXXXX. I have all the emails to prove this. This he is doing to get 40,000/- from me, as he is not having enough salary to give to you guys, as we all know. I didnt come from 16th and on 19th I sent him an email which I am having in my mailbox till now. I was absent for only 3.5 days after which I sent him an email regarding my illness, as I am having severe headache because of him. After listening about 40,000 my mother too is not feeling well. This joker is the biggest fraud employer I have ever seen. XXXX has been treated in the same way too, as we all know. See how SENIORS are treated in this company, so juniors can understand whats their future in this company. " 1. Are there any legal issues involved in above text. 2. I decided to send this email, as my employer is not giving salary to his employees, and he decides to do the same with me as well. He gave me 50% advanced salary only. Now 1.5 months have passed. So, I decided not to go to the company. Now, he is threatening to get 40,000/- bond amount from me for not joining his company. He is holding my DEGREE and bond amount is 40,000/- INR. 3. He is also saying that as I am not coming, and my absence has cost them 1Lac in project which can be put against me as penalty. He is lying I know. I have told them that I am not feeling well because of headache which is caused by him. 4. They always ask me to go and meet them. But I want all written proofs from them as emails, so i prefer to use email as communication mechanism. Is it right ? This company is run by two amateur guys, so they are unable to manage. If still I dont get my degree, I can get a duplicate one from university stating that I have lost it. Please suggest your real experiences.
1. It depends on where you are. In the US, a lot of your post is libelous. In India it may be perfectly okay, or it may be enough to put you in prison for the rest of your life. Laws are local. 2. Again - it depends on local law. Being in the US, I wouldn't work for anyone who wanted me to post a bond. (I don't think I could find anyone who wants to hire a programmer and wants a bond posted. We just don't do that. Nor do we hold degrees of employees. Nor can an employer sue you because you didn't come to work. All he can do is not pay you for the time you weren't there, and fire you.) You may have a legal case - it depends on whether he's legally required to pay you in India. (In most US states, you have to be paid no more than 2 weeks after the date you're being paid for, unless the company gets special permission to delay longer on a regular basis, like monthly pay.) Your best bet is probably to talk to an attorney.
I am in India. I havent signed any document related to project, as I signed the offer letter only. As a regular employee you would be working on many projects. So, Is not coming to company can be penalized by company ? I dont think so, at least thats my thinking. This company claims to be based out of US with its offices in its branches in Dallas, Houston, Austin TX, New Jersey, Seattle TX, Minnesota MN, Texas, Middle East, UK , XXX(India), Hyderabad (India).
I've seen other posts, on other forums, that seem to indicate that, in India, when you accept an offer of employment, the firm virtually owns you. Whether that's correct or not isn't something I can comment on. But you have to check your own laws to see where you stand. (In the US, even working for a company for years carries no legal responsibility to keep coming to work. The only thing they can do if you don't show up is fire you. It won't do much for your reputation, but there's no legal action they can take unless you have a contract, and even then forcing you to work for them is involuntary servitude.)