Bharat Gera
Principal Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
Aniket Pathak
Sr. Executive Hr
Sunielmudgil
Legal And Compliance Consultant
Harpreetwalia
Consultant-labour Laws

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Anonymous
HI All,

I have explained my situation previously in the threads however now my employer sent me a legal notice. I was terminated over the email on 22nd May 2017 for following up too much on the last date however I was going to work every day and doing my work as usual and even completed my KT before time. I left my city on 2nd of June 17 as I was moving to another city and did try to speak with my previous employer by going to his office and having to wait for 7 hrs and still no response. I have now recently received a legal notice a week before with the electronic notice dated 23rd May ' 17 , stating that as I left the company without serving the full notice the company may incur losses IAO 50 lacs and that I have to pay the amount as the compensation though they terminated me. After sending the email they emphasized that they sent the notice through mail however it returned as I wasnt there to collect it however I have given them my new address for the form 16 to me mailed. Now he send another email to the HR keeping me in CC to contact the local police station and to contact all the contractors and also my new company HR about it as I hadnt replied to the email though according to the email I had 3 weeks to reply and it has been hardly a week since they have sent me an email about the notice.

Kindly advise what should I do

From India, Pune
Dear Writer,
From above points, I am not very much clear what exactly has happen. You need to give few more details as.
1) Have you resigned from the company or terminated?
2) If resigned then what is the notice period required to be served as per your appointment letter?
3) How many days of notice period you have exactly served?
4) Does your contract letter have a clause of surrendering any amount against any notice period?
5) Was your resignation accepted and if yes then have you taken the acknowledgement?
6) What was your designation/profile and salary scale and what was the basic salary as per salary slip last withdrawn.
Please clear the above points and post this we would be able to help you.

From India, New Delhi
Anonymous,
more facts needed for replying your query, however, if desire, you can send copy of legal notice to get proper consultation.
Note - Usually i ignore anonymous queries.
for further info/clarification call/mail me.


Anonymous
Hi Harpreet,

Thanks for your help!

For clarity:

1) Have you resigned from the company or terminated?

I resigned initially however I was terminated on the email with nothing as hard copy though I have a soft copy of the same.

2) If resigned then what is the notice period required to be served as per your appointment letter?

As per the appt letter the notice period was for 60 days.

3) How many days of notice period you have exactly served?

I served 31 days of notice period untill I was terminated.

4) Does your contract letter have a clause of surrendering any amount against any notice period?

No as per my contract it was non negotiable and non purchasable.

5) Was your resignation accepted and if yes then have you taken the acknowledgement?

yes My resignation was accepted and I do have the acknowledgment mail.

6) What was your designation/profile and salary scale and what was the basic salary as per salary slip last withdrawn.

I was working on the managerial post ( service delivery manager) and by basic component of the salary was 56000.

Hope these points give a clearer picture.

Hi Sunil,

Thanks for your concern.

I do understand answering anonymous queries can be difficult however I am a but concerned before I reveal my identity.

From India, Pune
Your Employer, in the circumstances described by you in yourCite HR Posting which should be accurate fact-wise, is indulging in intimidation, coercion and using Unfair means to malign you and cause mental anguish which by any Legal Norms are illegitimate Unlawful and humiliating likely to affect you mentally as well as physically and tantamounts to Harassment besides trampling on your Fundamental Rights to a) Life with Dignity and b) Right to Livelihood.

In the case made out, your Employer had Legal Rights and Prerogative to initiate Action strictly in accordance with the Provisions of the Service Rules or the Certified Standing Orders applicable to you by way of Disciplinary Action by specifying the Acts of Misconduct and allowing you all reasonable Opportunity. As you narrated, the Action is Arbitrary.

Impress upon your Ex-employer in writing and seek and secure Justice. The Issues need be resolved amicably for the benefit of the Employer, too.

Team Kritarth



Home | Kritarth Consulting Private Limited

29.6.17

From India, Delhi
I do agree with the above comments. However if it was a termination case then it doesn't require any notice period to be served upon. You didn't mentioned the reason for termination and if the notice you have received is in line of reaction to your termination cause then it need to be understood legally.
I recommend you to talk to them over the phone and understand the issue and settle it and if it doesn't then seek help from a legal practitioner and made a reply.

From India, New Delhi
1. Your ex employer is trying to bully you. So do not succumb to the bully.

2. Your services were terminated by your employer after you had submitted your resignation and part served the notice period. Hope your employer never gave you the acceptance of the resignation. So your version should be that your services were terminated.

3. Here your ex employer is under obligation to indemnify you by paying the amount of notice to you since he has terminated you.

4. Your employer legally your employer can not do anything against you except for harassing you subject to the condition you have not done some thing wrong but not shared here.

5. Termination/Resignation clause in your appointment letter is unreasonable and illegal as it is not even.

6. You need to contact a good advocate who handles service matters of such type, take his help in responding to your ex employer.

7. Please do not write any thing on your own as you may enhance the quantum of trouble.

From India, Thane
Hi Bharat,
Thanks for your help!
The reason of termination if unknown to me as well as I never had a meeting ( one on one) with the HR and the MD over this and was terminated over email after working hours when I came home. The reasons mentioned were gossiping , casual attitude towards work and following up on my last working day. I had challenged the termination by replying to the email however till date no one has replied and when i call they dont pick up my calls and dont allow me to meet when i go the office.

From India, Pune
Dear Anonymous, That is okay. Now do not write as the matter has taken uncomfortable & dirty turn.
From India, Thane
Hi Harpreet,

It has nothing to do with the termination reasons, the reasons mentioned for termination in the email were:

1. Not serving the notice period : Though I was going to office every day since I resigned.

2. Indulging in gossips in office : Don't even know where that came from coz i never had any meeting or talks about it before this email came across.

3. Casual attitude towards work : I had finished my KT on time as asked and was promoted twice in 2 years of my tenure in office.

4. Irregular attendance : At the time of termination I had 15 leaves pending so again I dont know where this came from.

The notice has been given on the basis of breach of contract :

As I didn't serve the notice period there was a project that came after I resigned and had done with the KT and they needed my assistance over it. Due to this the company may face losses upto 50 lacs and hence they are asking for recovery. In the notice they haven't mentioned anything about the termination.

In the notice they gave me 3 weeks to reply however in a week itself the MD replied on the email on notice keeping me in CC and addressing to the HR and the legal head to contact the nearest police station to file FIR and hire an attorney to file a civil suit and also contact all the rating agencies to get my new address and contact my new company's HR about it.

Though I have given them my new address a month before when I did investment declaration.

Should I be thinking of putting criminal suit over them?

From India, Pune

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