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Hi Seniors,
I am an IT professional. I recently joined an IT company. I worked there for 5 days. Due to some personal problems, I quit that job and came to my native. I called my team lead and intimated the same and confirmed that I can't continue the job, He told that he will talk to the senior management and there after no response from them. Today, I got a notice from that company asking me to pay for the notice period of 2 months. I haven't taken salary from that company even though they credited to my account. I dont have any company properties like laptop or token id's with me except temp id card. Please suggest on this. Can they proceed legally..? If so how can I defend my self. Please reply on this.
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Hello sujathanimma,

I think the first mistake you did was to keep everything 'verbal'.

Once you spoke to your team lead, you should have mailed to him whatever you told him over phone. Where is the guarantee that he/she told everything you mentioned to the management? Not that he/she would it wilfully--but forgetting is human. And the management would respond based on what they are told--even if it could be half-truth or wrong.

Coming to what you can do 'now', since you got the notice, suggest mail to your team lead & with cc: to ALSO the concerned persons about the reasons [which I hope are realistic & plausible] for your sudden decision. The very fact that you got the notice indicates 2 possible situations from the management's perspective:

1] They haven't believed what you told your team lead

2] Your team lead hasn't conveyed properly what you told him/her.

Next check out your Offer/Appointment Letter. What's the notice period you need to give during Probation? Usually it's lesser than a similar situation after Confirmation.

Next, send the Company a cheque for the EXACT amount of the salary deposited into your account--with a covering letter the reasons you are returning the amount.

Last thing, suggest go personally & meet the concerned persons in the Company--AFTER you send the written letters. maybe you can mention in the letter itself that you would like to meet them based on their convenience. Explain the facts from your side F2F when you meet them. If you don't intend doing any other job for the foreseeable future, there is a good chance they will believe you & things would move smoothly.

I think that the Company may not be after the 2 months notice period money. They may be doing this just to send a message across to other employees--not to take the company for granted. Frankly, I am sure that the Company's plans where your role comes into picture would have got adversely effected--this factor is what you ought to address when you meet them F2F.

Rgds,

TS
Since you have not taken any salary from them, don’t worry. But what you did was wrong as said by TS. regards R.Ponraj
hi All,
Thanks so much for your suggestions.
This was the clause mentioned in the offer -

"In case you leave employment with xxxxxxxxxxxx without serving 2months notice, you will pay or we shall have the right to deduct as liquidated damages an amount equivalent to two month’s basic salary and allowance (incase, you are currently deputed for an overseas assignment) from any amount that may be due."
This helps to give some more suggestions.

TS- I completely agrees to you . I just relied on verbal communication but not recorded any where :-(

Alwar - The first statement "I quit that job and came to my native" which means I went on leave. Sorry I haven't mentioned that in my original query.
you were asking about DOJ, its 7th Jan.
Regarding probation period, there is no such in that company. Its permanent from day 1 and 2 months notice for all.
Ponraj- I am also thinking the same ;-)
I dropped a mail to senior hr today what happened exactly. Lets see what happens.

Waiting for your reply.

Thanks!
hi Sujhatha,
As TS has already mentioned most of the things. I would like to be a little harsh with you, first of all for not being professional. Its surprising for me that why people leave the company without giving their resignation in writing, what is the harm in that?
When we expect the Company to give us appointment letter and be professional with us then why cannot we reciprocate the same....its just a matter of few lines.
And you know the clause in your appointment letter than you should have been even more prompt in taking any action. As mentioned by TS please send them the salary back also....
Lets wait for the response from the HR and we will discuss it further than..
God Bless...
Archna
Hi Sujatha,
Problems happen in life, doesn't mean that you buckle to any kind of pressure from the company.
Just remember that You are not working as any kind of bonded labour.
Nobody can coerce any kind of money from you.
You don't need to worry, the company cannot do anything to you.
This is a free democracy. The company itself may have pulled n number of employees from other companies.
Companies talk of ethics and loyalty only when employees leave them, not when they poach people from other companies.

All you need to do is return their money, after speaking to them.
[ though It is not understood how they have paid you for 5 days]
And then get on with your life. These are routine things in the Corporate world today.
Hello Riyaz,

I am not sure if you are getting confused about sujathanimma's issue or mixing up issues.

The focus all thru was about resolving her issue AND attempting to correct her mistake.

How does the topic of "Companies talk of ethics and loyalty only when employees leave them, not when they poach people from other companies" come into the picture? Without touching the intent/accuracy of this statement, does what she did--just quitting[I would say, just walking off] without submitting any resignation or even information--be JUSTIFIED by the statement of your's?

I am sure you must be watching TV daily-if not all the programs, at least the News. When I read your posting, the first thing that came to my mind was the frequent word duels between the 2 main political parties--justifying each other's actions just because the other party did something similar earlier--in some situations years ago. It doesn't take a high IQ level to get what I mean.

What sujathanimma ought to be focusing on is to correct HER mistake--IRRESPECTIVE OF WHAT THE COMPANY DOES OR OTHERS DO. And that's what, I think & feel, WE @ CiteHR ought to be guiding her [or anyone in a similar situation for that matter] towards.

And I also think it's a bit ironic after reading the caption @ the end of your Posting--" It is better to light a Lamp, than to curse the darkness." What does it mean? To the extent I can understand it, with my limitations, ALL IT MEANS IS TO FOCUS ON WHAT WE CAN & OUGHT TO DO & IS IN OUR HANDS--NOT WHAT IS NOT, since darkness isn't in our hands, while lighting the lamp is. Pl let me know if I am wrong.

What if, after your posting sujathanimma sees your advice as the easy & convenient way out & ignores any action from her end--& as a consequence IF the Company decides to go tough on her, do you think it's fair?

I am sorry if this has hurt you Riyaz, but suggest take it in the right spirit.

Rgds,

TS
Hi
U need not to bother, since no expenses have been incurred on U by the company. They can't incur the luxury of litigation. I was a tool only to recover out of the amt standing to your credit if any which is not there in your case.
Hi All,
The salary that got credit in my account has been reverted back.
I will give you an update once I get reply to mail from senior HR.
We can discuss further on it .
Once again thanks for all your feedback
Thanks!
Dear Archna,
It is not a case with Sujatha only, in fact every new employee is unaware of the formal official process or putting everything on record. They just rely on their seniors by having verbal talk/discussion, while they don't get proper guidance from their seniors or the HR. So, ignorance about anything should not always be taken as intentional and willful negligence on the part of the employee.

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