Forced to Abscond by My Employer: How Do I Handle Legal Threats and Protect My Future?

Hi, everyone...

I worked in a KPO for a month, and due to certain unavoidable circumstances (i.e., I had backlogs in my UG, so I had to go about with exams and couldn't manage with night shifts), I had to quit the job.

At the time of joining/confirmation (that is after training and stuff were over), I had signed a "service agreement bond" of 8 months and a bond break compensation amount of 25K.

Before quitting the job, I approached my TL/TM to discuss my situation, and I planned to do everything officially and have my hands clean. I didn't want to abscond because I know that's unethical, and I never intended to do it.

But when I approached my TM and explained my situation, he frankly said that "it's the same for us if you go officially" or "abscond yourself" (in fact, it was quite rude and harsh... I'm unable to put it through text).

He was so rude and denied giving me a formal quit/pink slip/resignation/relieving letter or whatever.

In fact, I was ready to go ahead with the proper official formalities, but they denied me giving a formal quit. They intentionally forced me to "abscond" "officially"!

They abruptly said that there is no paperwork that can be done after that, they hit me with words and blah, blah, saying things like "I wouldn't have recruited you: see how much the floor is going to be affected by people like you"!

Fine, I accept that there are technicalities and workforce shortage consequences, but they ought to have given me a pink slip, right?

Now I've been literally "made" to "abscond", and I'm sitting at home preparing for my exams and trying to do some networking courses.

Well, now I've started receiving warning letters/notices which say that civil/criminal action will be taken against me. They are also saying that a police complaint might be lodged! I'm frustrated and worried because it isn't my fault. The legal notice is yet to come. I don't want to pay the compensation because it is their fault to have "forced" me to abscond!

What do I do? Well, I'm not going to reply to their irrelevant warnings/notices and stuff.

Will there really be a police case lodged against me? Will there be any problem in applying for a passport?

Please guide me. I'm frustrated and upset by the unethical behavior of my company's management, which forces an employee to abscond for its administrative convenience.

Dear Aircraft,

Before replying to your message, I must advise you not to use SMS-type language in your queries on forums like this, as you are not communicating through Short Message Service (SMS) on your mobile phone.

Anyway, I must advise you to buy mental peace by paying the bond amount of Rs. 25K to your employer. Regardless of whether you voluntarily absconded or were forced to abscond, I am sure you do not have anything to prove your statement if the case goes to a court of law.

You have not stated from which position holder in your company you are receiving warnings or notices. It is necessary to know whether they are authorized to issue such warnings or notices. However, it should be made clear that you must treat the notices as legal notices from the company. It is not necessary that the legal notice should always be through an advocate only.

Regarding your fear of whether they could lodge a complaint with the police or file a criminal case against you, the company has the right to lodge a complaint with the police against an employee who has absconded from duty without following the proper resignation procedure. However, the company cannot file a criminal case against you just for absconding from duty unless you have committed a crime specified in the Criminal Procedure Code or the company falsely makes allegations of theft, or if it is provided for in the service agreement bond about breach of service conditions, etc. However, there is no possibility of the inclusion of any such clause in the agreement.

As for a civil suit, the company has the full right to file a civil suit against you to claim the service bond amount since you have already signed the agreement, which is fully valid unless there is a clause of invalid nature included in the agreement to render it void. They can also claim the costs incurred in the civil suit against you. In a civil suit, you will lose on several counts. For example:

1) Cost of the civil suit besides the bond amount;

2) Mental peace, as you can remain constantly under pressure and tension about the outcome of the case;

3) Loss of concentration in preparing for your exams, resulting in poor performance;

4) Loss of concentration in your proposed networking courses, leading to poor performance; and

5) Time and money expected to be lost in attending the court case from time to time.

Now, you can weigh the pros and cons of losing Rs. 25,000 versus the losses you are likely to bear as mentioned above and decide accordingly. You can adopt the course that seems advantageous to you.

However, I must advise you to consult an advocate by showing him your agreement, warning letters, and notices so that he may be able to check for any illegal actions on the part of your employer. If he finds any unethical or illegal contents on the part of the company, in that case, you would be free to sue the company for causing unnecessary mental harassment to you.

P. S. Dhingra
Vigilance & Change Management Consultant

Thank you, sir. I am starting off to proceed with what can be done legally. Initially, I am getting ready with a proper resignation letter (which I should have done before!). I am going to approach the HR personnel at my office (as stated in the notice) and I will check what can be done further.

I am extremely thankful to you regarding the guidance. I will stay posted and update my progress regarding this.

Dear Friend,

In case of a breach of bond, both civil and criminal cases may be applicable, and both should be proven beyond a reasonable doubt. What I suggest is to respond to the notices appropriately and not give up so early on paying off the bond amount.

Regards

Do you have a bond done on Judicial Stamp paper or Company letterhead which can serve as a valid legal document, but you don't have to panic about it. Any bond/agreement/MOU is prone to be broken. Just check the exit clause.

Rather than overreacting to the situation, let them send reminders if you don't receive any communication in writing from this company. 101% no company has time to get into such petty things. Don't worry, just focus on what you are doing. All these dramas are becoming very familiar during this IT revolution.

Hi friend,

Go to any lawyer and show your bond. I am sure we all have some links in our social circle. Ask the lawyer whether your company can take legal action or not. As far as I know, it's just a way to frighten the employees and extract money from them.

In most cases, companies do send reminders but ultimately end up doing nothing. Also, the so-called bond papers made on stamp papers are not meant for legal purposes.

My company sent many legal reminders from lawyers to people who left the job abruptly, but it was of no use. It just spread a message to existing employees not to leave abruptly. Also, these days, companies have 1-2 months notice periods, and how can a person serve and wait for this much time if they look for another job? So, most people go for settlements.

Some people get caught in such situations, and some don't.

Be wise, check whether your PF/ESI or salary is due with them.

If you are not at a very reputable organization or are a fresher, don't worry.

Tell your new employer the situation you had faced.

Good luck and decide for yourself.

Dear Mr. Aircraft,

As you have said, approach the HR with a resignation letter. Try to put everything in writing. Mention that you approached the HR earlier regarding this. Some companies do all this with the intention of getting money. Technicalities and workforce shortage consequences are definitely an issue, but when an employee wants to resign and is ready to go officially, they cannot overreact. Tell the HR firmly that shouting is not the company policy, let them check and tell you what needs to be done officially. Paying the amount or not is something for the next stage. When they don't accept resignations at all, it is a concern to you. If you have higher-ups, send an email. Tell them the fact. Even though they turn a blind eye, let it knock some sense into them.

Well, I thank everyone above for your valuable advice and guidance.

Recently, I approached the HR personnel of my company again to complete my dues/formalities and get relieved "officially." They informed me that since my name is on the "absconded" list, they are not in a position to accept my resignation. They mentioned that the database status for such an employee is tagged as "INACTIVE." This is what they told me. I emphasized again that I don't want to face legal consequences as I need to focus on my studies, which is causing me some distress with thoughts like, "What's going to happen." They stated that if the project team accepts my resignation, they (HR) can assist me.

After waiting for a couple of hours, they returned and informed me that the project team is not ready to accept it at this stage. So, what should be my next step? Should I just leave it as it is? My instinct tells me that neither will they give me a proper "goodbye" nor will they take any legal actions against me. Instead, they may assign me to other tasks.

Please provide your comments on this situation and guide me on how to proceed from here.

Thank you.

Dear Friend,

My advice to you is to concentrate on your studies and let them do whatever they want. In a country like India, "Nobody is condemned unheard," so you will always get a chance to explain your stand.

Dear Aircraft,

From the contents of both of your queries, I can gather that all your interactions have been verbal, while the management is documenting evidence against you to potentially take serious action whenever they see fit. They have issued notices to you, but you have not responded in writing to refute their claims. If they pursue legal action for absconding, the court may consider their documented evidence valid as you lack any written proof to counter their claims or their responses to your inquiries. Without written documentation, your ability to recall details like dates of visits, conversations, and responses may diminish over time, making it difficult to challenge their records.

Therefore, your immediate actions should include: (1) Responding to the notices through legal representation to address the allegations made against you and document your interactions with HR and the project team. (2) Requesting a copy of your employment agreement if you do not have one. (3) Formally submitting your resignation and awaiting a written acknowledgment from the company.

Best Wishes,

P S Dhingra
Vigilance & Management Consultant
Dhingra Consultancy Group
New Delhi
dcgroup1962@gmail.com