Legal action against an absconding employee - possibility and way forward? - CiteHR
Adoni Suguresh
Sr.executive (per & Adm)
Rdsyadav
Educator, Management Consultant & Trainer
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Newuser10
Manager

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HI all........... Even I have query ........... can anyone help.............

My friend had joined a company on 14 sept and 16 sept she resigned bcoz her father in law was admitted in the hospital bcoz of a major issue and he stays far of from the place of work. The company did not accept her resignation and told that she will be reported as absconding.

The next day she went again to discuss the matter n explain them to accept the resignation. Bt they did nt agree, thinking that she is joining some where else inspite of showing the tickets.

After all this she again tried to contact her reporting manager after a week..... that she will return by 1 st or 2nd of oct and want to join back......they asked her to cum n meet in personal.

She came back n meet him on 3rd Oct. ..... bt they did nt agree for her to join back....... and now they are saying she will be treated as absconding and legal will be issued...... bt they did not let her work also and not accepting the letter also...... because she resigned in two days ...inspite of notice period being 1 month

Can u suggest Wat she can do in this scenario. ..... n will she b treated as absconding. ..... inspite of visiting the office on two instances after resignation...... should she put all the details on the same mail ..... on which she marked her resignation. ..... or sit silently as she wont count on this company in her profile.....

She can be terminated by the employer on the ground of unauthorisd absence, as she has left without getting her resignation accepted by the employer. No legal action is called for unless she possesses any asset of the company.
Hello,
Ask her to forget about any possible legal action by the Company....they are just filibustering.
Ask her to mail scanned copies of the medical evidence of her F-in-L to the concerned persons in the Company....HR, boss, etc.....showing that the reason she mentioned has been genuine. She can mention whatever was discussed verbally over the few days she was interacting reg this subject.
She can also mention that she wishes to continue in the same mail.
Showing tickets doesn't mean a thing in such situations. She should be showing proof of the EXACT reason(s) she told them verbally.
IF she doesn't want to work here anymore, this mail will also ENSURE that she has produced a written trail of whatever she told them verbally......just in case they take the stand LATER that they weren't told anything.
And, ask her to begin look for another job ASAP, that suits her new situation.
Rgds,
TS

Seeking the opinions and suggestions from the members on behalf of some body is not proper and difficult to answer. Those who are suffering and needs opinions from the experts . I am of the opinion she should explain her difficulties and seek experts advice.
Adoni Suguresh
Labour Laws Consultant

She should narrate whole story and write to concerned officers of the company as last communication from her side, last time and forget company . Absconding means an act by someone who even making best efforts can not be located/ traceable also. No one can be compelled to serve like any master can not be compelled to appoint anyone as his servant. Its violation of fundamental rights from both sides. She is free to find after this to begin with a new journey in her career canvas for better future.
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