Legal Question in Employment Law in India

I had a business which I have shut down. I had kept 6 employees and 1 freelancer. The freelancer was not given any appointment letter and would be paid as and when he worked. But I did not keep any receipt from him. Now he threatens me to pay over 1 Lac as he says he can prove he was a full time employee. He doesn't have any documented prove? What could he possibly show and how should i protect myself. He also sends me lewd messages and threatens my family. I had gotten him arrested but he is out on bail now.
What legal options do I have?
Sudeep

Asked on 2/15/10, 10:10 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

freelancer is not an employee and cannot claim a salary. he can surely claim the recovery of any dues that he has worked for as a free lancer.

Answered on 2/15/10, 10:49 pm

Mark as helpful

Adv.Sunita Lad Mayank Industrial Services

0 users found helpful

0 attorneys agreed

Since he is on bail and still threatening you , you may bring this fact before the court and get his bail cancelled. The burden to prove that he was your full time employee is on him, unless that burden is excersied you need not worry.Your appointment letter will come for your assistance.

Answered on 2/16/10, 5:54 am

Mark as helpful