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Step 1. Send a Legal notice.
Step 2. File a summary Suit with the deferral email and subsequent change in stand (in case matter not settled within 15 days post notice).
Criminal Action -
Step 1. Get an FIR lodged u/s 406 and 420 of IPC. Give a complaint in writing along with all relevant emails. If FIR lodged, see how the Partner comes back with folded hands and gives you your money back. Do ask for interest as well as costs. Don't let the B @ $ + @ r |> $ go scott free.
In case, cops refuse to file FIR, file a complaint with the local magistrate.
In case you are not able to afford a lawyer, name the city here, and request for help. I am sure that someone will come up to help you. Many lawyers are willing to recover fees in installments / at a later stage (post recovery).
Good luck!
@Kian, will you enable people to seek help? Or are you going to be cowed down by the IT Guidelines? Have you complied already? Have you challenged the constitutionality? Please do provide us with an update. If you are fully complying with the new regime, you have violated your first promise of confidentiality. Anonymity no longer exists and the jarmless cookie you had us store is now a disaster in waiting.
(1) It will not matter (at all) to your future employer. All they care about is whether you can do their job or not. Any half decent/ professional firm will treat you like that - a professional. If its not treating you like that/ prying too much - dont work for that team, interview for a different partner. If you are good, you will get hired (and rise with time).
(2) Time to send that stern email - followed by FB/LI/Insta/whatever. Fight for whats rightfully yours, without any guilt or fear. If you decide to drop it, then drop it at your will (time vs. opportunity cost). But not because you are scared.
Like any partnership firm, the partners liability is not limited to the extent of just their profits or share in the firm. If they have been able to reap the profits and benefits of the firm’s business pre-COVID, increasing their personal wealth, then why would it be wrong for them to dip into their own assets or savings to help cover their liabilities during COVID times?
I do not see any reason for non-payment of retainer fees. OP should follow all remedies available to her/him.
Even if there is an arb clause, refuse to appoint an arbitrator... Let it go to Court. The S. 11 is enough to drag their name through the muck in Bombay legal circles.
Regarding affect on career- I don't see any. It's not the case that it will be a sensational case, the details of which will be published in newspapers, etc.
Remember: If you won't stand up for yourself, then who will?
All the best.
Name and shame these shameless idiots.
Would calling out the firm on social media set a bad precedent for my future scope of employment?
If the partners enjoy profits for work done by the associates of the firm then why is it so wrong for them to be held accountable to pay off all the liabilities including the associates retainer fees as well?
The associates/ senior associates are till date being paid just half of their actual retainer fees.
Thankfully I have moved on from that firm but I am now faced with a situation where 50% of my retainer fees for a full year have remained unpaid and the firm refuses to acknowledge my arrears / pending retainer fees. This being a substantial amount for me I do not wish to just write it off.
Any suggestions on the most pragmatic approach to recover my arrears / pending retainer fees? Has anyone else faced such a situation?