Feeling Trapped by Job's Notice Period Demands: How Can I Handle This Without Legal Trouble?

Dear Sir, I am Karce. I was working with a small IT/consulting firm. I am a fresher. Four months after I joined, I came across some serious family issues which I can't disclose. I had to shift myself to my native place. I had sent an email to my manager asking for a few days of leave, but he didn't accept and asked me to report back soon. Then, I had to submit my resignation letter since I had no other choice. Now, he is pressuring me for the payment of two months or serving the notice period, threatening legal consequences. However, I am not in a position to serve the notice period or pay the dues due to my family and financial issues. Since my reporting person is very unprofessional, I am afraid he may jeopardize my career.

My friends suggest that he may trap me by making false complaints like loss or theft. Is this possible? How can I handle this situation? I am not inclined to file a complaint or get involved in legal matters.

Currently, they are sending me daily emails citing the clauses in the offer letter. I do not even want their experience letter, especially since they did not provide me with the pay slips.

These days, I am not responding to their emails. Kindly advise me on what to do or how to deal with potential legal actions if they proceed. My family is already stressed, and this additional issue is overwhelming them.

Thank you.

Keep a copy of every email you send to the management—your resignation email and all others to which you have responded. I hope you have sent an email in which you have detailed the situations leading to your resignation without serving the notice period.

Generally, if an employee exits without serving the notice period, the company may withhold documents such as the experience letter, relieving letter, etc., and the salary. They may also blacklist the employee, preventing them from reapplying to the company, which I assume you would prefer to avoid. Nothing else will happen. Please review your appointment letter for any clauses related to this situation. Share the clause with me so I can provide further guidance.

You need not worry excessively as they are likely just pressuring you due to your departure without notice. While unprofessional, given the urgency on your end, the company should have also considered the human aspect of the situation.

Please mention the clause they have cited so that we can better understand your company's policies.

Regards

Thank you for your message. Below, I have pasted the clauses that my manager sent:

(*copied from mail*)

Read the Appointment Letter Carefully for the Notice Period Clause

I have noted down the following points:

15. Termination

We hope your association with us will be a long one. However, this association may be terminated by either party by giving 45 days' notice or on payment of 45 days' salary in lieu of the same. However, in the event of willful neglect of your duties, breach of trust, gross indiscipline, or any other serious dereliction of duties that may be prejudicial to the interests of the company, the company has the discretion to terminate your services forthwith or with such notice as it deems fit and without any notice pay whatsoever.

(*copied from another mail*)

We have not received any reply from your side. We are requesting you to serve the notice period as per appointment letter clause 15 or settle the account by paying 45 days' salary (45 days' notice or on payment of 45 days' salary in lieu of the same).

Our company secretary/lawyer has been instructed to take action, and all expenses towards account settlement will be recovered from you along with 45 days' salary.

These are the emails from them, stating the clauses from the offer letter.

Swati, as I mentioned in my previous query, how should I proceed if they take legal action? Do I need to serve the notice period or pay the due amount with a penalty? Will this be a problem if I opt for another company in my future career?

Now, he has started disturbing the person whom I mentioned as my reference in my CV, saying there is a missing person case. Will my reference get further troubled? I know he behaves in a highly unprofessional way, so to what extent can he go?

Thank you in advance.

Best regards,
Karce

Pon... maybe it's my problem that I am a very sensitive person, especially in such situations. Since I have not come across such a case before, could you kindly suggest what I should do if they go legally?

Thank you,

Karce.

Any of the clauses do not mention that any legal action will be taken. He is just harassing you. Nothing will happen; these calls will gradually end as he will get an idea that you are not paying any attention to them. Stay calm. Change your reference to somebody who is a friend of yours and who understands the situation. Nothing will happen as the company does not have time and effort to waste just for 45 days' salary.

You go ahead and start searching for a new job. Don't show this 4 months' experience if you do not want to—simply mention that the reason for your employment gap is your personal problem. Cheer up and start looking for a new job. There are hundreds of absconding cases in many companies, and this one is genuine. Nothing will happen. Just ignore their messages. Stand strong when you know you are right! :)

Regards, Swati

What was your last-drawn salary in this company? Also, you mentioned that they didn't give you any pay slips. How was the salary given – cash or cheques?

Regards,
TS

That would mean they are threatening to go legal for about Rs. 30K. And you also mentioned it's a small IT company. So it does sound tough to take at face value for them to go legal for this amount—unless something else is involved.

Like Pon suggested, just hunt for a new job and settle down fast—the more the delay, the greater the problem for you to explain the gap between your degree and now. I also suggest you retain ALL the emails and other correspondence carefully—one never knows if and when you may need them.

All the Best.

Regards,
TS

From your case, it is understood that you are already out of your job and they don't have any replacement until now. As Mr. TS correctly said, your employer can take legal action against you.

My suggestion would be slightly different for this. You can write them a letter stating that you are unable to continue their services, not due to a family problem, but because of a personal issue (such as a physical problem that prevents you from attending the job for 1-2 months or approximately 4-5 weeks). Due to your physical unfitness, you can decline to serve them.

Of course, this is not ethically correct, but by taking this stance, you can have a strong position to defend yourself against any legal action.

After sending this letter, do not send any more letters, messages, or replies. Keep a copy of the letter you send to them.

In this letter, you can request them to consider your case sympathetically and understand your situation. Also, ask them not to pursue any legal action as you are unable to physically or financially fight against them.

I am sure they will take this positively and drop the case.

It is up to you. If you do not like this, please disregard.

Regards,
Atul Malve

Atul, Mr. TC has mentioned like this:

"Hello karce, That would mean they are threatening to go legal for about Rs. 30K. And you also mentioned it's a small IT company. So it does sound tough to take on face-value for them to go legal for this amount--unless something else is involved."

I have corrected the spelling, grammar, and formatting errors in the text provided. Let me know if you need any further assistance.

You have got what I mentioned correctly. 30K is not a very big amount to go the legal way, which not only involves expenses but also a lot of time for the company as well. Also, unless it's a large company with many employees, where the company wants to send out a message to the other employees that they will act tough on such situations, the chances that they will go the whole way in your case are not high.

Also, regarding the suggestions here by all the forum members, please note that they are based only on the inputs you mentioned here. If you have missed out anything, then the suggestions wouldn't be applicable (the reason why I mentioned, 'unless something else is involved').

Regarding the IPC 172 you mentioned, I am not sure—better check with some lawyer who can guide you better in this regard. By the way, I am not a lawyer.

All the best.

Regards,
TS