An offence of identity theft under Section 66C and offence of cheating by personation under Section 66D is committed by your ex employer. Punishment for said offences is imprisonment for three years. You can file a complaint against him with cyber police and send him to jail
Use of my company email account for their own gain without noticing cliens/companies
Hi, I worked in a IT company for few years, and later I resigned from that company, I never had any contract or agreement with that company, after resignation I got to notice that, that company owner was using my company email account for their own gain to communicate/earn money for long period. So isn't this illegal that a company was using my email and name after I resigned from that company?
Asked 2 years ago in Criminal Law
Religion: Hindu
10 Answers
After accepting your resignation and have relieved you with relieving letter and full and final settlement, that company cannot use the email address allocated to you for any reason.
It can be considered as an act of impersonation.
Besides a criminal offence, it can be considered as cyber crime too.
However if you would like to initiate any legal action against the employer then you should have adequate and substantial evidence to prove the commission of alleged offences.
You can't take any action against the company on any hearsay information.
As a matter of fact the email address created in your name by the company would be automatically deactivated upon deleting your name from rolls of the company, hence you be doubly sure about misuse of your identity and impersonating you for the company's benefits even after you quitting the company.
In any case you cannot be held liable for any debacle or fraudulent activity committed by the company by using the company's email address allocated to your name post resignation.
- As per law , whoever is trying to login your Gmail account without your permission, is doing crime just like Theft /Fraud/Forgery/Defamation and mischief /Hacking.
- Further that person deserves for punishment and fine as per law under IPC and Information and Technology Act, 2002 and Cyber Crime Law.
- Such person shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
- Since, the said owner of the company is using your email account without getting your consent , hence you can lode a compliant against him before the police
- Further, you can also lodge your complaint before the Cyber Crime Cell for further investigation and punishment.
- You can lodge your complaint online before the Cyber cell as well.
thanks for all of your responses, also sir T Kalaiselvan, I just want to mentioned here that, my x company never sent me relieving letter when I resigned from my company, there were no agreement/contract signed by me and my employer when that employer hired me, even that employer didn't give me any joining letter, so the resignation that I emailed to my employer will still be a resignation whether my employer did not send me relieving letter?
Asked 2 years ago
It is illegal on part of company to use your name and email account t after you have resigned from the company
Once you have resigned from company and it has been accepted by company you cease to be employee of the company
If you come to know that you are impersonated by using your email address and you are able to possess substantial evidence for that, you may resort to legal action by first giving them an opportunity to refrain from indulging in such activities immediately and to discard all those things done on your name after you leaving the company and also to tender unconditional apology for misusing your name.
Failing to receive any response you may escalate the matter through police with a criminal complaint as suggested earlier.
You may also plan to file a permanent injunction suit against the company to restrain them from using the email address which the company had allocated to you during your employment with them.
DeR client I am sorry to hear that but this is a illegal act and is legally punishable
Yes it's illegal if they use your name stating that you still work but they can use your email for pending work to be done by not concealing true facts
- If there is not offer letter signed by you , it means that you are not an ;employee on his record.
- Hence, using your email by him is an offence , and hence you should file a police compliant against him , and thereby you can mention that the said company is also running illegally .
- However, you can send a legal notice for getting the reliving letter before filing any police compliant.