Employee quits without informing. What action can we take against them
We are a small company and we hired an employee on reference basis, so no contracts have been signed but the employee quits the job within a month without informing. we tried to contact her but she didn't pick our calls, we tried to contact her on whatsapp but she blocked us there too. She also kept our office mobile phone that we use to get clients from. After 4-5 days she returned the phone but it was not in working condition. Now she is demanding money and also making threatening calls to us via some unknown person using very hostile language. we already paid some money in advance. What can we do?
The recourse available to you is to prosecute her for Data Theft and Conflict of Interest There can be two ways to do that. You can get an injunction to prohibit her from working for any company, after serving a reasonable period. Further move under appropriate sections of IT Act for her liability for data theft, Furthermore, in case of any solicitation of your clients by her, she can be injuncted.
Insofar as to her threats, you need to file an FIR for the same. Supplemented with evidence and proof. Email exchange, Call records etc.
Advocate Ahmad Shazeb AzharKaiserbagh, Lucknow
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