Left Job After 2 Days: Can My Employer Really Demand 3 Months' Salary? Need Advice!

Hi, I joined a software company for 2 days. However, I later left the company due to some personal/health reasons. I resigned from the organization by sending an email. At the time of joining, I signed an offer letter which stated that either party has to provide three months' notice or 3 months' salary at the time of separation. Now, they have sent me a notice (on the company's letterhead) stating that I should give them either 3 months' salary or a 3-month notice period. They are making allegations that I have taken some company documents with me, but I did not bring any documents; I only have some joining formalities documents of the company. Can you please suggest what I should do in this scenario? Can the company take legal action against me? Can they demand 3 months' salary for just 2 days of employment? Please advise me on this promptly.

Thanks

Yes, they can pursue a breach of the provisions of the service agreement, but it's a cumbersome process and will involve more money and resources than your three months' salary payment.

---

I have corrected the spelling, grammar, and punctuation errors in the user's input and formatted the text into proper paragraphs. Let me know if you need further assistance.

Thank you very much for your valuable suggestion. Till now, they have sent me only a legal notice (on company letterhead). If they send me some court notice, how should I handle the situation? Also, they are making allegations that I have brought some company's documents with me, but in reality, I didn't bring any such document. They have sent me an email regarding this. Should I reply to the email stating that I don't have any such document with me, or should I continue to ignore them?

From your query, it is understood that there is a breach of agreement on your side. The act of taking away certain documents is intended to coerce you into coming to terms with the situation. I suggest that you do not avoid responding to your position regarding the documents. When dealing with a breach of agreement, sometimes it may be necessary to read between the lines and carefully review the agreement.

Alternatively, you may consider making amends with the other party, especially if you have recently started a new job, as such actions could potentially jeopardize your prospects in the new company.

Best of luck.

Yes, a company can take legal action against the issue you raised. Let me ask you, why did you leave the company abruptly instead of discussing it with the HR Department? Do you think leaving the job without informing the concerned department/authorities is ethical?

However, I would recommend that you meet with the relevant individuals directly to resolve the issue before it escalates.

Thank you.

Thank you very much! You mean to say that I should reply to the email stating that I haven't received any such documents, right? I have also tried to convince them and agreed to pay one month's salary, but they have not agreed.

Contractual Obligations

Regarding the new company, I have already informed their HR about these issues, so it should not be a problem for them. The contract I signed states: "Your service shall be terminable by either party giving the other a 3-month notice period or 3 months' salary, including allowances in lieu thereof."

The above is the contract I signed. Could you please advise me on how to proceed if they initiate court proceedings? Is it possible for them to deduct 3 months' salary from me based on the contract terms?

Seeking Solutions

Alternatively, can you suggest a better solution to this problem? I have already started working at another company. Could this create any issues?

Please provide your suggestions in advance. Thank you!

Mahesh is right, a company can take legal action against these kinds of issues like yours. If you have left the company because of a health problem, then why have you not informed the HR department about your health problem? Don't mind, but sometimes people make these kinds of mistakes by assuming it is easy, and most of the time companies do not take such actions. However, if they have taken this step, then it is really a matter of concern.

Anyways, as Mahesh has already suggested, you should meet with the concerned person directly and sort out the issue before it escalates.

Regards,
Mukesh Sharma

Hi Mahesh, Thanks a lot! I know ethically it's not good. But after joining the organization, I faced some health/personal problems, and I felt that it would be difficult for me to continue with this organization. I have already had a meeting with the concerned person. They are not ready to negotiate; they just want either 3 months' salary or 3 months' notice. Three months' salary is a huge amount for me at this stage of life (~1.65 L). Also, as I have already joined another organization, it won't be possible for me to serve a 3-month notice period.

Seeking Solutions

Can you please suggest a better way to solve this problem?

Legal Concerns

Also, if they take legal action, will it be possible for them to claim 3 months' salary only because of 2 days of employment, as they haven't spent that much on me? Please suggest a better way!

Regards,

Thank you for the valuable feedback! It is nothing like this. The office was around 20KM from my home, so traveling created a problem in my back, whereas the new office is within walking distance. That's why I joined a new company. At the time of joining, I was not aware that traveling could be such a big problem for me. As my back pain is still in the initial stage, I don't want to take any risks. This is the main reason I decided to leave that organization.

Hi Mahesh, thanks a lot for the feedback! It is nothing like this. Actually, the office was around 20 km from my home, and traveling created a problem with my back. That was the main reason behind leaving that organization, as my new office is within walking distance. When I joined, I was not aware that traveling would create such a big problem. Since the back problem is still in the initial stage, I don't want to take any risk.

If your new employer has no problem regarding your relieving letter/experience letter, then enjoy your new job without taking so much stress on your mind. Even otherwise, if you don't want to reply to the notice sent by the previous employer, there's no need. Nothing will happen. Courts have a lot of other issues to decide, and even in the case of legal action, it will take a long time. Cheers.

Thank you very much for your suggestion. My new employer is aware of all these things. Since they know my new employer, is it possible for them to send some legal notice to my new employer? If my new employer receives some legal notice from the previous employer, could that be a problem? Do you have any idea?

Thanks a lot.