Questions & Answers
Complaint regarding management of company post termination
I have worked for a company in a senior management role for two years and resigned due to my reasons.
My resignation was accepted on 15th November 2017 and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled in August 2018 after a few months of my resignation.
The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management.
The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company.
The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture.
I am not in a position to help the company to recover their irreparable damages now. Please advise what is the UAE labour law for such a situation.
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
I understand that your employment contract was effectively terminated on 15th November 2017 (please confirm on the date).
Please note that Article 6 of the UAE Labour Law states that any action accruing from the employer-employee relationship should be brought to court within a year.
Considering your contract ended on 15th November 2017, the one-year period has elapsed and the company cannot take any action under the UAE Labour Law.
However, if the company believes your acts were in contravention to the interest of the company or you have taken money from the company, the company is legally entitled to initiate a criminal case against you for misappropriation of funds or any other criminal nature.
I suggest that you respond to their legal notice through a lawyer so that your stand is taken on record.
You are not legally and ethically bound to return to the company as your relationship with the company has been terminated and now you have nothing to do with the company.
I trust you will find the above appropriate.
You may get in touch with me on 052-9495731 or email on hari.wadhwana@gmail.com if you need assistance regarding responding to the notice or having legal representation.
Regards,
Hari Wadhwana
