Facing Legal Trouble for Skipping Notice Period: Can My Old Employer Really Do This?

Hi all, I worked with an Indian IT major. My employment was on contract for the first 9 months, and later they made me permanent 3 months ago in January. I was not very happy with my profile and package, and in between, I got an offer from another company who wanted me to join in 15 days.

I submitted my resignation through the online tool, stating that I have received a better offer from another company and also verbally explained that I have some financial issues in my family, hence I need this job urgently and will not be able to serve the 2 months' notice period. I also informed them in writing that I am willing to pay the notice pay. However, my manager showed no concern and insisted that I must serve the full 2 months' notice period, without any possibility of salary increase or role change, and I would have to provide knowledge transfer to the replacement. Despite my requests over two weeks post-resignation, they did not consider my situation. Therefore, I decided to leave the company and informed my reporting manager through a phone call before submitting the laptop (I also obtained a receipt from the IT department) and joining the other company.

My new employer is aware of the entire situation.

A week after joining the new company, I received a call from HR at my previous company stating that they would send me a legal notice for not providing proper knowledge transfer and would take absconding action against me. This could mean that I might not receive the relieving letter, experience letter, or my full and final settlement.

I am concerned about the implications and consequences of this legal notice. Can they send it to me even though I expressed my willingness to pay the notice period amount and have returned the laptop?

Please suggest...

Steps to Resolve Employment Exit Issues

1) You shouldn't have informed them that you're leaving the job because you're unhappy and also about the package in your company.
2) You should not leave the company without formally resigning.
3) Maybe your new company has accepted you, but you will need an experience letter for your future.

Solution

Please contact your ex-company's HR and your reporting manager. Kindly request them, as there is no other option. Take a printout of your resignation email and ensure it is signed as accepted in a positive and polite manner. Whatever they communicate to you, respond with understanding and assure them that you will receive your relieving letter and experience letter as they are crucial.

Remember, nothing is impossible. Therefore, avoid making such mistakes in the future.

Have a nice day.

Hi, thank you for your views. I have the experience letter for the contract until January but will not have it from February until April (when I was made permanent). I will not show this experience on my resume. I informed them that I am not happy with the work as I don't see any growth in it, and also that my package is less and I am not able to sustain expenses as my family is dependent on me for everything. However, my manager said that he can't release me as he does not have any replacement.

I want to know, can they sue me for not serving the notice period? I am ready to pay the amount I am liable for and have also submitted the laptop issued to me. I have already joined the new company and cannot go back to them. Please suggest.

If you have a relieving letter valid until January '11, that's good. Your ex-employer may take legal action or blacklist you. However, don't worry because, according to Mr. Skhadir's information, you have not been officially relieved.

I would like to know why exactly you mentioned the reason for your resignation. If you stated it was due to personal reasons, please obtain a medical certificate to confirm that you are unwell and keep it with you. If you provided another reason, you need good luck.

Thank you.

The reason mentioned was "better compensation and a better job profile." They are aware of where I am working now due to some common links. I wanted to be true to them and hence did not lie about not being well. I went there for 2 weeks and completed the necessary KT, but still, my manager was not satisfied. If they send me a notice and I pay them the notice pay, can some other action be taken by them? I have already submitted the company laptop and taken a receipt. What else can the company demand in a legal notice apart from notice pay and company property?