Offer Letter - criminal/legal action against me just on the basis of email trail in which i wrote i accept? - CiteHR
Nathrao
Insolvency N Gst Professional
Salman7861
Travel Consultant

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If i got an offer letter in which it was just mentioned under notice period category that it will be 45 days and i replied back that i accept the offer. But after joining the job profile was totally different than what was told to me at the time of interview, plus it was mentioned in Offer Letter that the shift timings would be fixed 09.00 to 18.30 and nothing was told at the time of interview about stretching after office hours and was not mentioned in the Offer Letter as well still i was made to stretch till 21.00 hrs after coming at 09.00 hrs in the morning they were making me do a 12 hrs shift due to which i was having health issues.
I was also told that i would be getting 2nd and 4th Saturday as a week off but that also never happened. So i left that company without giving a resignation i went abscond from there. I just informed my immediate supervisor that i won't be reporting to work from tomorrow. Now my last working day was 11th May 2018 and suddenly today i have got a letter from the company wherein they are asking me to serve a notice period of 45 days and if not then pay the liable amount to them and threatening me if not done so will take criminal/legal action against me. I am really scared please help and advise what should i do?. I can't serve a notice period of 45 days as i will be joining a new company from 27th June 2018. Can they take a criminal/legal action against me just on the basis of that email trail in which i wrote i accept. My joining date was 2nd May 2018 and i was not issued any appointment letter by the them neither i have signed any such document wherein any kind of termination or resignation clause was mentioned. Kindly advise ASAP.

How long did you work in this company?
Are you in need of relieving documents?
AS per you there is no documentation about notice period and they have not given appointment orders.
The company cannot succeed in legal actions against you.
They really have no grounds for criminal or civil action.Have you told the new company about this company employment?

Dear Nathrao,
I worked for a very short period of time from 02nd May 2018 to 11th May 2018.
No i don't need any relieving documents.
Yes correct a proper appointment letter was not issued to me at all mentioning the resignation and termination clause and i have also not signed any such documents wherein it was mentioned that in case of separation at any point of time employee will have to serve a notice period of 45 days if not serving the notice period employee will be liable to pay 45 days salary to the company and failure to do so the company will have a right to take a criminal/legal action against the employee. The only thing that i am worried about is that in the offer email which they sent me it had 2 attachments wherein in 1 attachment small details were mentioned about the working hours, leave policy, probation period, notice period etc. and in the other attachment salary breakup was there. I just replied to that email writing i accept the offer so i just wanted to know whether on the basis of that trail mail can they take a legal/criminal action against me which they are threatening me to do so and also threatening me that they will publish all this in highly circulated newspapers i am really worried by this threat they are giving me.
Kindly advise what should i doas i don't want all this mess to affect my new employment in any way.
Kindly help and advise ASAP.
Kindly check the attached document that they sent me while releasing the offer to me for your reference.
Thanks and Regards,
Salman Shaikh


Attached Files
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File Type: pdf Annexure with Offer Letter.pdf (346.9 KB, 904 views)

Annexure makes it clear about notice period.
One cannot say he is unaware of the clauses.
By signing the acceptance and joining duty you have impliedly accepted the terms and conditions.
Probably you need to consult a lawyer to advice you as no one can say whether company will initiate legal action against you.

Dear Nathrao,
But as per my research done on Google Offer Letter is not considered a proper document and it is not enough to establish a contractual agreement and an employer employee relationship between 2 people.
The offer letter, however, is not formal and legal confirmation of any employment contract between a candidate and an employer. At this stage, once received, the candidate can either accept or reject the employment situation detailed in the offer letter.
Bizfluent ≡
The Difference Between an Appointment Letter & Offer Letter
by Susan S. Davis; Updated September 26, 2017
The main difference between an appointment letter and an offer letter is the stage within the recruitment process that each represents. The offer letter essentially reiterates that a decision was made as to an employment opportunity and details particulars such as compensation and starting date. It also requests necessary documents, certified copies and photographs for employee verification. The appointment letter is issued after an offer is accepted and details job and company formality particulars.
Offer Letter Process
After a decision is made to hire a candidate, a business, organization or company (firm) may submit an offer to join the firm on or before a specified date. Doing this allows the prospective employee enough time to sufficiently resign from a present position and join the new company on the date agreed upon. Usually, the candidate is given a certain amount of time in which to respond to the offer letter. The firm binds itself to that date, and if the candidate does not accept within that time or rejects the offer, the firm cancels the offer letter and proceeds to the next in line for the job.
Offer Letter Components
The offer letter presents an employment designation with the location, start date, place of the job posting and agreed-upon salary. In addition, a list of required documentation is included that requests original copies of identification, Social Security data, degree certifications and any other legal employment requirements. Usually, a firm is simply confirming information that was already discussed with a job candidate during a final interview or other conversation that was had with a representative of the firm. The offer letter, however, is not formal and legal confirmation of any employment contract between a candidate and an employer. At this stage, once received, the candidate can either accept or reject the employment situation detailed in the offer letter.
An offer letter is issued so that a potential employee may confidently and expediently resign from a current position before accepting the new one offered. In contrast, the appointment letter is produced after the offer letter has been accepted by a job candidate. The appointment letter is usually provided at or near the start date of employment or after the probation period with a firm. The letter serves as evidence that a new hire has been appointed and is in fact taking a certain position. It is common that the appointment letter is issued once the appropriate documents listed in the offer letter are collected. Documents requested might consist of those proving citizenship or the legal right to work within the United States, degree certificates, work experience certification and an employee information form.
An appointment letter differs from the offer letter in that it usually details the particulars of the job assignment or position rather than simply the salary and start date for an employee. Generally, the appointment letter details the legal terms of the employment agreement, responsibilities, duty hours, compensation, bonuses, benefits, transfer terms, leave entitlement, and a termination or resignation clause.
Thanks and Regards,
Salman Shaikh

Dear Nathrao,
I have not signed anywhere or anything. I just replied to the email that i accept the offer that's it.
Thanks and Regards,
Salman Shaikh

There is an implied acceptance of the offer when you worked for 8 days.
The firm can create trouble if they want.
Mail is clear about notice period.
Any way decision is yours.
We can only suggest based on what info you have given.
By the way the links and info you have given are US law and Indian law differs in many ways.
All the best.

Dear Salman Shaikh,
The acceptance to offer in mail and employment with the establishment from 02nd May 2018 to 11th May 2018 is enough.
Your other complaints i.e. extended working hour and working days is not as per terms of appoinment have no meaning at this junture.
Your action is nothing but a violation under the terms of appoinment. Your employer is at right position to catch hold legally. Anything that of medical nature can help you out incase of a legal battle. Many smart employer publish the matter in local & national news paper with photo about the absconding of staff with an appeal to intimate the publisher.
Always do not consider all as fool. You did the mistake and try to accept it. By doing this you would be beneficial in long run because you have to suffer.

How to draft a appointment letter for a Hr General Manager,please reply as soon as possible.
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