Hi,
I joined a software company for 2 days. However, I later left the company due to some personal/health reasons. I resigned from the organization by sending an email. At the time of joining, I signed an offer letter which stated that either party has to provide three months' notice or 3 months' salary at the time of separation. Now, they have sent me a notice (on the company's letterhead) stating that I should give them either 3 months' salary or a 3-month notice period. They are making allegations that I have taken some company documents with me, but I did not bring any documents; I only have some joining formalities documents of the company. Can you please suggest what I should do in this scenario? Can the company take legal action against me? Can they demand 3 months' salary for just 2 days of employment? Please advise me on this promptly.
Thanks
From India, Delhi
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I joined a software company for 2 days. However, I later left the company due to some personal/health reasons. I resigned from the organization by sending an email. At the time of joining, I signed an offer letter which stated that either party has to provide three months' notice or 3 months' salary at the time of separation. Now, they have sent me a notice (on the company's letterhead) stating that I should give them either 3 months' salary or a 3-month notice period. They are making allegations that I have taken some company documents with me, but I did not bring any documents; I only have some joining formalities documents of the company. Can you please suggest what I should do in this scenario? Can the company take legal action against me? Can they demand 3 months' salary for just 2 days of employment? Please advise me on this promptly.
Thanks
From India, Delhi
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Yes they can go for breach of provisions of agreement of service. but it’s a cumbersome process. and will involve more money and resorce then your three months salary payment.
From India, Delhi
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93From India, Delhi
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Thank you very much for your valuable suggestion.
Till now, they have sent me only a legal notice (on company letterhead). If they send me some court notice, something like this, in that case, how should I handle the situation? Also, they are making allegations that I have brought some company's documents with me, but in reality, I didn't bring any such document. They have sent me an email regarding this. Should I reply to the email stating that I don't have any such document with me, or should I continue to ignore them?
From India, Delhi
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Till now, they have sent me only a legal notice (on company letterhead). If they send me some court notice, something like this, in that case, how should I handle the situation? Also, they are making allegations that I have brought some company's documents with me, but in reality, I didn't bring any such document. They have sent me an email regarding this. Should I reply to the email stating that I don't have any such document with me, or should I continue to ignore them?
From India, Delhi
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From your query, it is understood that there is a breach of agreement on your side. The act of taking away certain documents is intended to coerce you into coming to terms with the situation. I suggest that you do not avoid responding to your position regarding the documents. When dealing with a breach of agreement, sometimes it may be necessary to read between the lines and carefully review the agreement.
Alternatively, you may consider making amends with the other party, especially if you have recently started a new job, as such actions could potentially jeopardize your prospects in the new company.
Best of luck.
From India, Madras
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Alternatively, you may consider making amends with the other party, especially if you have recently started a new job, as such actions could potentially jeopardize your prospects in the new company.
Best of luck.
From India, Madras
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Dear Anshul,
Yes, a company can take legal action against the issue you raised. Let me ask you, why did you leave the company abruptly instead of discussing it with the HR Department? Do you think leaving the job without informing the concerned department/authorities is ethical?
However, I would recommend that you meet with the relevant individuals directly to resolve the issue before it escalates.
Thank you.
From India, Bangalore
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Yes, a company can take legal action against the issue you raised. Let me ask you, why did you leave the company abruptly instead of discussing it with the HR Department? Do you think leaving the job without informing the concerned department/authorities is ethical?
However, I would recommend that you meet with the relevant individuals directly to resolve the issue before it escalates.
Thank you.
From India, Bangalore
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Thank you very much!
You mean to say that I should reply to the email stating that I haven't received any such documents, right? I have also tried to convince them and agreed to pay one month's salary, but they have not agreed.
Regarding the new company, I have already informed their HR about these issues, so it should not be a problem for them. The contract I signed states:
"Your service shall be terminable by either party giving the other a 3-month notice period or 3 months' salary, including allowances in lieu thereof."
The above is the contract I signed. Could you please advise me on how to proceed if they initiate court proceedings? Is it possible for them to deduct 3 months' salary from me based on the contract terms?
Alternatively, can you suggest a better solution to this problem? I have already started working at another company. Could this create any issues?
Please provide your suggestions in advance. Thank you!
From India, Delhi
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You mean to say that I should reply to the email stating that I haven't received any such documents, right? I have also tried to convince them and agreed to pay one month's salary, but they have not agreed.
Regarding the new company, I have already informed their HR about these issues, so it should not be a problem for them. The contract I signed states:
"Your service shall be terminable by either party giving the other a 3-month notice period or 3 months' salary, including allowances in lieu thereof."
The above is the contract I signed. Could you please advise me on how to proceed if they initiate court proceedings? Is it possible for them to deduct 3 months' salary from me based on the contract terms?
Alternatively, can you suggest a better solution to this problem? I have already started working at another company. Could this create any issues?
Please provide your suggestions in advance. Thank you!
From India, Delhi
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Dear Anshul,
Mahesh is right, a company can take legal action against these kinds of issues like yours. If you have left the company because of a health problem, then why have you not informed the HR department about your health problem? Don't mind, but sometimes people make these kinds of mistakes by assuming it is easy, and most of the time companies do not take such actions. However, if they have taken this step, then it is really a matter of concern.
Anyways, as Mahesh has already suggested, you should meet with the concerned person directly and sort out the issue before it escalates.
Regards,
Mukesh Sharma
From India, Ghaziabad
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Mahesh is right, a company can take legal action against these kinds of issues like yours. If you have left the company because of a health problem, then why have you not informed the HR department about your health problem? Don't mind, but sometimes people make these kinds of mistakes by assuming it is easy, and most of the time companies do not take such actions. However, if they have taken this step, then it is really a matter of concern.
Anyways, as Mahesh has already suggested, you should meet with the concerned person directly and sort out the issue before it escalates.
Regards,
Mukesh Sharma
From India, Ghaziabad
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Hi Mahesh,
Thanks a lot!!
I know ethically it's not good. But after joining the organization, I faced some health/personal problems, and I felt that it would be difficult for me to continue with this organization. I have already had a meeting with the concerned person. They are not ready to negotiate; they just want either 3 months' salary or 3 months' notice. Three months' salary is a huge amount for me at this stage of life (~1.65 L). Also, as I have already joined another organization, it won't be possible for me to serve a 3-month notice period.
Can you please suggest a better way to solve this problem?
Also, if they take legal action, will it be possible for them to claim 3 months' salary only because of 2 days of employment, as they haven't spent that much on me?
Please suggest a better way!
From India, Delhi
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Thanks a lot!!
I know ethically it's not good. But after joining the organization, I faced some health/personal problems, and I felt that it would be difficult for me to continue with this organization. I have already had a meeting with the concerned person. They are not ready to negotiate; they just want either 3 months' salary or 3 months' notice. Three months' salary is a huge amount for me at this stage of life (~1.65 L). Also, as I have already joined another organization, it won't be possible for me to serve a 3-month notice period.
Can you please suggest a better way to solve this problem?
Also, if they take legal action, will it be possible for them to claim 3 months' salary only because of 2 days of employment, as they haven't spent that much on me?
Please suggest a better way!
From India, Delhi
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Dear Anshul,
You mentioned that you quit the company due to your health issues, however, you also stated that you joined another company. This clearly indicates that your motive was to join the new company and not related to your health issues.
Thank you.
From India, Bangalore
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You mentioned that you quit the company due to your health issues, however, you also stated that you joined another company. This clearly indicates that your motive was to join the new company and not related to your health issues.
Thank you.
From India, Bangalore
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Hi Mahesh,
Thank you very much for the feedback!
It is not like that. Actually, the office was around 20 km from my home, and traveling created a problem with my back. That was the main reason for leaving that organization, as my new office is within walking distance. When I joined, I was not aware that traveling would cause such a big issue. Since my back problem is still in the initial stage, I don't want to take any risks.
From India, Delhi
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Thank you very much for the feedback!
It is not like that. Actually, the office was around 20 km from my home, and traveling created a problem with my back. That was the main reason for leaving that organization, as my new office is within walking distance. When I joined, I was not aware that traveling would cause such a big issue. Since my back problem is still in the initial stage, I don't want to take any risks.
From India, Delhi
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Hi Mahesh,
Thank you for the valuable feedback!
It is nothing like this. The office was around 20KM from my home. So, traveling created a problem in my back, whereas the new office is at a walking distance. That's why I joined a new company. At the joining, I was not aware that traveling could be such a big problem for me. As my back pain is still in the initial stage, I don't want to take any risk. This is the main reason because of which I have decided to leave that organization.
From India, Delhi
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Thank you for the valuable feedback!
It is nothing like this. The office was around 20KM from my home. So, traveling created a problem in my back, whereas the new office is at a walking distance. That's why I joined a new company. At the joining, I was not aware that traveling could be such a big problem for me. As my back pain is still in the initial stage, I don't want to take any risk. This is the main reason because of which I have decided to leave that organization.
From India, Delhi
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Hi,
Thank you very much for your suggestion. My new employer is aware of all these things. Since they know my new employer, is it possible for them to send some legal notice to my new employer? If my new employer receives some legal notice from the previous employer, could that be a problem? Do you have any idea?
Thanks a lot
From India, Delhi
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Thank you very much for your suggestion. My new employer is aware of all these things. Since they know my new employer, is it possible for them to send some legal notice to my new employer? If my new employer receives some legal notice from the previous employer, could that be a problem? Do you have any idea?
Thanks a lot
From India, Delhi
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Dear Anshul,
Get a detailed medical certificate that would state your health issues for the travel part. Additionally, there may be suggestions to move your house closer to your old employer. Let me ask you, do you live with your family? Since your old employer knows where you are working now, it could lead to a serious issue.
It would be appropriate for you to have a meeting with the management of your old employer rather than pushing this matter. Remember, time flies.
From India, Bangalore
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Get a detailed medical certificate that would state your health issues for the travel part. Additionally, there may be suggestions to move your house closer to your old employer. Let me ask you, do you live with your family? Since your old employer knows where you are working now, it could lead to a serious issue.
It would be appropriate for you to have a meeting with the management of your old employer rather than pushing this matter. Remember, time flies.
From India, Bangalore
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Hi Mahesh,
I am staying with friends. However, since I am preparing for an MBA and some of my friends are also preparing for an MBA, it will be difficult for me to shift houses nearby to my previous employer's office.
Additionally, since they are aware of my current employer, what kind of problems could they create? Can they send a legal notice to my new employer?
Thanks a lot!
From India, Delhi
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I am staying with friends. However, since I am preparing for an MBA and some of my friends are also preparing for an MBA, it will be difficult for me to shift houses nearby to my previous employer's office.
Additionally, since they are aware of my current employer, what kind of problems could they create? Can they send a legal notice to my new employer?
Thanks a lot!
From India, Delhi
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