Remedy as US candidate file case of harassment for calling him twice
11-May-2023 (In Criminal Law)
I work in a US staffing firm, so we have to call candidates in US. Yesterday i called a candidate,he hung up on me, mistakenly i called him once again,he showed anger and i apologized over phone. Then today morning i received a mail from him that He will take legal action for harrasing him, cease and dissipate immediately. Please suggest me your opinion over the case.
As per your narration it appears that through your call the person has become angry and as such he threatened you with the threat of filing a case against you. I am not aware as to what discussion took place between you and supposing that you talked only relating to your business then there is nothing to worry about as there in no criminal fault of yours. He has only threatened you and if he files a case the same shall not be entertain able.
if you were working under the employment of your company and you called the candidates as you are required under your job description, he can not take personal action against you, you should contact the person in-charge of the company, i think that would be the HR department or your company must be engaging in in house counsel, so you should take advice from them on how to proceed.
This does not seems to be a big issue. According to IT act & IPC there is no provisions on making number of calls. If someone harassing by deliberately and continuously making a call, then it comes under punishable offence. Your case is different. You made a call for business purpose and second call was by mistake for which you already apologised.
Regards
Ganesh Shukla
Regards
Ganesh Shukla
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