Facing a Recovery Letter from My Former Employer: Can They Take Legal Action Against Me? Need Urgent Advice!

Hello everyone, I need help! I had joined an MNC (BPO) a couple of months back, and because of medical reasons, I needed to leave the company without serving the notice period. I left the company on the 20th, and as per the payroll, I received my salary. I had informed the company that it's very unlikely that I would join back; despite that, they kept calling me. I received my next month's salary as well. Due to health issues, I couldn't go to the company. They sent me a termination letter, and now after two months, they have sent me a recovery letter for 22,000/-, which is a huge amount and I can't pay them. Is there any way out? Can they take legal action against me? I'm very nervous and don't know what to do. Please, I need advice urgently.

The company specifies in the appointment letter very clearly regarding the action taken when an employee fails to serve the notice period. For example: "Termination of services may be effected by either side tendering two months' notice or payment of two months' basic salary (as per management discretion) in lieu of notice after confirmation." In such cases, the company has every right to claim the amount back.

Yes, I do understand that it's mentioned in the appointment letter, but I hardly worked there for one and a half months. I was still in the training period. Now, after 5 months of leaving, I have received this recovery letter from the company. I am in no position to pay this amount! Would they be able to take any legal action against me? Please advise on what I should do.

Thank you for replying.

Legal Implications of Leaving Without Notice

If you signed the appointment letter copy or contract agreement with them, then definitely they can take legal action. It is better if you meet them directly, explain your situation clearly, try to convince them, and solve the problem smoothly instead of getting frightened. This may definitely help you.

Regards,

In the appointment letter, it's mentioned that I need to serve a notice period of 1 month after confirmation. However, after a probation period of 6 months, I worked there for less than 2 months. Nothing in the appointment letter is mentioned before the probation period. How can they ask for money when I was not even confirmed by the company?

Regardless of whether you are on probation or not, if you are paid for the days you have not worked, you need to refund the amount. As per my understanding, terms regarding the notice period during probation will also be specified in the appointment letter. Please review it carefully. Generally, no company wants to lose its investment. An employer definitely has more power than you, either legally or in any other way. Therefore, instead of going against your employer and risking your career, it is better to resolve the issue amicably.

Regards,
Srilakshmi Korukonda