This issue is basically being faced by my friend (Roopa) she had joined a startup INZ AXIS and worked there for 20 days.
When she visited for interview, she was told that since you are fresher we will offer you but you need to sign a bond of 1 year and breaking penalty will be Rs.75000
They made her work for 20 days but still offer letter and bond was not given to her for signing. Meanwhile she had a family medical emergency at her home and she went back to hometown.
After which she informed INZ on email that she will not be able to continue her work due to personal reasons and hence quitting effective immediately.
After this she got a call, and even on call she updated INZ that "I have not received or accepted any offer nor i have signed any bond" so there is no obligation for me to serve any notice period or bond.
After a month INZ has sent attached legal notice where they have lied about below few points.
1. No Offer letter was signed.
2. No bond was signed were she has agreed to stay with the organization for a year.
3. No specific training was imparted to her.
4. Notice says they have spent 75000 for her training and for which employee has agreed in the agreement- This is also a Lie.
5. Notice also says she has not responded to several requests & demands, however we have not received any emails or communication from the company this is the first written communication.
How can a company say so many lies for money and to harass a lady, and how a lawyer can send so much lie in writing without any proof.
Kindly advise us if we should reply to this notice legally or just ignore it, few people say that not responding to a legal notice is considered that you are agreeing or escaping.
3rd June 2016 From India, Bengaluru
If what you have stated is right-no offer letter,no bond signed-the company can go and file any suit anywhere they want.
legally you are in the clear.However if you reply make sure to consult an advocate and ask advocate to reply.
6th June 2016 From India, Pune
6th June 2016 From India, Mumbai
#AnonymousWhile no action can be taken, please do not ignore the letter. You need to respond to the letter. Just as Mr. Jeevarathinam has suggested, please respond to the legal notice. Tell them that no bond was signed,nor were you aware of any such conditions as mentioned in the legal notice. Ask them to send evidence/documentation to substantiate their claims. They will not respond back.
In case you would ignore the letter, the lawyer could file a case. Though the case will not hold good, if you contest it. But, if you do not contest it, an ex parte judgement can be given against you.
Since they have used a lawyer, I would suggest to meet any decent lawyer and respond back. That must shut them up.
6th June 2016 From Indonesia, Jakarta