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Can the employer hold ex-employee accountable for his verbal abuse?


12-Jun-2025 (In Criminal Law)
An employee left job and employer has provided relieving letter. After few weeks employer calls and tells employee that they need technical help. so ex-employee engages with staff via whatsapp and initiates the conversation in which the lady staff tell employee that he was unprofessional by not providing complete handover. ex-Employee responds saying that she is unfit for the position she is holding and she will not find a job in kitchen. And says NO WONDER YOU ARE STILL SINGLE
Answers (2)

Answer #1
771 votes
The ex-employee may face legal consequences for making derogatory and personal comments post-employment. The lady staff can file a complaint for defamation, workplace harassment, and violation under the Sexual Harassment of Women at Workplace Act, 2013 if the comment is perceived as gender-based. Additionally, sending such messages via WhatsApp can amount to cyberbullying or criminal intimidation under Sections 504, 509, and 506 of IPC, and relevant sections of the IT Act. The ex-employee must stop any further communication and, if faced with legal notice, must issue a formal apology or defend through appropriate reply with legal counsel.
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Advocate Arjun S

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Answer #2
785 votes
The ex-employee’s comments, especially saying “no wonder you are still single,” may be seen as personal, inappropriate, and potentially insulting, even if made in a private WhatsApp chat. While there may not be direct legal consequences if the conversation was not public or threatening, such remarks can be construed as verbal harassment or defamation if the recipient feels insulted or emotionally harmed. The former employer or staff member may raise a complaint, especially if workplace ethics or harassment policies are invoked. It is advisable to avoid personal comments, even in informal settings post-employment, as they may lead to legal or reputational issues. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.
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Advocate Venkatakrishnan A M

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