Can My Former Employer Legally Demand Payment After I Resigned Due to Mistreatment?

I was working in a software company. Due to repeated mistreatment from my superiors, I left the organization and later submitted my resignation.

Subsequently, the company sent me a termination letter to my communication address. Now, my former employer is requesting payment for outstanding dues, bonds, etc., which have been calculated by the company. Recently, they sent a letter through a lawyer demanding repayment of the dues.

Can an employer legally pursue action against an employee in such a situation? On what grounds can an employee respond to the employer? What steps can an employee take regarding the Provident Fund (PF) and gratuity that are still held by the employer?

Hi,

You may clearly reply to the employer about the circumstances that led to your departure from the company. You should mention that the situation was orchestrated to force you to resign and that it had become unbearable to continue working there.

Additionally, you should point out that the notice sent by them is a form of harassment and state that you reserve the right to seek damages in court for the mental torture and agony you have endured. It is advisable to respond through a legal professional and not to yield to such notices.

Kind regards,

Dayanand L Guddin

Hello,

First of all, you could have explained what YOU meant by 'repeatedly torturing'. What you see as 'torture' may not be seen in the same way by others.

1] Did you discuss your experiences with superiors [I prefer this word than 'torture' until I am clear what exactly happened] with HR? If you haven't, then you did a BIG mistake. If you did, then what did they say?

2] Did you put all that happened--at least your version of it--in writing to the concerned people in the organization?

In a nutshell, whatever Dayanand says is right--except for the timing. All that should have been done BEFORE you left, NOT after.

I know you won't like this: but you gave a chance to the concerned people in the company for a 'PERCEPTION about you that you have serious attitude problems. Please don't blame them for it--blame yourself. Please note that I am NOT addressing whether what you did is right or wrong--after all, everyone has a right to work or not work in any company. What I am focusing on is 'the way it was done'.

Coming to the legal angle, I disagree with what Dayanand said. Please note that any organization can afford [time-wise as well as financially] to hire legal experts. Can you? And even if you can, do you want to focus on fighting this case [if you have even the faintest idea of our Indian courts, this could go on for years]? Or do you want to move forward in your career? The choice is YOURS--which depends on what your priorities are.

Moreover, what Dayanand said would be more appropriate if you had at least some chips in your hand--you don't seem to hold anything.

You haven't mentioned for how long you worked in this company--if it's for only a few months, it could be practical to forget the exp letter. If it was for a considerable period of time, then please check out your Offer Letter. The clauses of termination/resignation would be mentioned. Then please contact a lawyer for the next step--NOT TO FILE A COUNTER-CASE, but to close this ASAP amicably & move ahead.

Regards,

TS

Of late, I come across a growing number of youngsters posting this question. Many youngsters are displaying a lethargic attitude today, similar to abandoning present jobs and seeking remedies when problems arise. This behavior could have a significantly negative impact on your future endeavors. Therefore, please ensure that all records are in order before leaving any organization. If that is not possible, consider disclosing this to your new employer (although it is unlikely any employer will accept this).

In the case of termination, there is no need to be concerned about bonds or notice periods. Simply leave without providing a response. However, ensure all other dues to the company are settled, as the company can legally claim them from you.

My advice is to revisit your old employer, sit down together, and rectify any issues in a friendly and cooperative environment.

Dear Dimple,

Speak to the HR people in the organization and also rope in your team lead and the owner. Contact them and clarify your point on it. Let them then decide what to do, as a legal fight will only add problems to your present situation.

For any help, let me know. Stay happy and cool as this hard time will definitely pass away.

Dear Sir/Madam,

Thank you for your kind reply. I worked with that organization for more than 5 years. Hopefully, in a private company, any employee will not write anything to HR for "torturing" by superiors as we are more concerned about job and financial security.

I am not defending myself for what I did, and I am not the only one in this situation; there are numerous employees like me. During normal working tenure, HR does not come into the picture. After recruitment, they just forget, and all your appraisals and other matters are dealt with by the Manager. So, we cannot afford to fight with the manager for the sake of your career.

The word "torture," I mean verbally abusing the person. I cannot write all those words here, but you know all the Indian "abuses." Also, I do not have proof that I can show in court. Of course, an employee is not stronger in written proofs as during employment, HR takes signatures on many documents including employment, retirement, housing, etc.

Furthermore, company HR policies are changed by the company without consulting the employees, and due to electronic media, it is assumed that you have read and accepted these changes.

When I joined the organization, it was different, and when I left, it had changed.

I read an article about why employees leave organizations. It mentioned that it is not usually due to salary but due to politics and harassment by managers or superiors.

Finally, the amount and damages demanded by the company from me are not a small sum. It is almost the amount I saved during my tenure.

I do not wish to fight this legally, but what is the best way to deal with this?

Regards,

Hi,

I again insist that replying to them through a legal professional is the only answer. In the absence of a legal reply, they may proceed and file a case for the recovery of this money. If the intention is to harass, then they would definitely proceed and would make you break under pressure and follow whatever they say.

When the team leads themselves had been resorting to such abuse, and HR was a dumb spectator/non-reactive function, you have to fend for yourself. Approaching them at this point in time is of no use. You have worked for five years, which is a considerable amount of time with the company, and I suppose you have not just abandoned the job after training abroad.

Companies can hire bigger lawyers, but when the legal reply is appropriate, they think twice before going to court as you would be publicizing the culture of the company.

This advice is based on my previous experiences being on both sides of the table, irrespective of who agrees or not.

Kind regards,

Dayanand L Guddin

Hi Dimpal,

From my point of view, there is no point in fighting with the management. This may sound rude to you, but for any reason, you have committed a violation by not serving the notice period. Now, since the mistake is from your end, you should try to avoid legal proceedings and strive to receive your full and final settlement from the company. Whether your savings are small or large, why should you pay a penalty or charges against you?

The better option, in my opinion, is if you can obtain a medical unfitness certificate for the period from your date of absence to the date of your resignation. Then, you should attach it with a copy of your resignation and send it in response to the lawyer of your previous company through a lawyer.

This may result in a deduction of the notice period amount from your full and final settlement and help resolve the dispute. It may take time but could prevent further conflicts or, at the very least, you might not have to pay the charges.

All the best,

Satish

Hello,

The common suggestion that seems to be coming across is: go and talk to a lawyer first. Maybe you could come back again on this forum after doing it.

Regards,
TS