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Author Topic: Recovery of Amount from former employee  (Read 2195 times)

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Recovery of Amount from former employee
« on: May 01, 2013, 03:20:25 AM »

I have in a very interesting situation here and will appreciate help and advice.
I was working with a Top IT company and was sent to USA on an onsite assignment.  My contract stated that I will get two salaries one in India and other one at USA but my Indian salary will be deducted from my USA salary. I stayed onsite for 4 years with this company and left them in USA itself. At the time of leaving I had no dues but suddenly 10 months after leaving I got a letter from this company stating I own them close to USD 26k and upon clarification I found that the Indian part of my salary was never deducted from my US salary for 4 years and this came up in an audit recently done.
Unfortunately when I received this notice, I moved to Australia from USA. I agreed to pay back the amount on condition that I will only pay the amount that was credited in my account after IT deductions and as it was a mistake on company's part they should bear this lose.
I was constantly emailing HR and payroll department to give me the update on my request to resolve this issue but got no response.  Suddenly they have sent me a notice asking me to payback the whole amount in INR. Instead I proposed to payback the Indian salary credited in my bank account while I was in US and here also company should bear the IT deducted but again no response.
As I am currently in Australia I don't know how to proceed with this case. I am neither getting any response on the email address mentioned in the notice nor is anybody picking up the phone mentioned in the notice.
It is very frustrating situation and now I want to protect myself from any law suit. 
Can you please advise what should be my course of action in this case so that I can make this deal fair and free from any legal complications?

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