Left Job After 6 Days: Can My Former Employer Take Legal Action Over Notice Period and Laptop?

Respected Sir/Madam/Friends,

I am Padmini, and I joined an IT MNC in Hyderabad and worked only for 6 days. After that, I got a much better opportunity with another company, so I joined there. Please note, this was my 3rd job, with my first job lasting 6 years and the second job lasting 4 years. I have always exited with proper documentation and ethics.

I engaged in this unethical practice due to personal reasons. The office was too far, and I used to get late daily to take care of my kids. I accepted a lower salary package in my new company, so it wasn't for monetary reasons. I have already informed my new employer about this, and they do not require a relieving letter.

Questions:

Now, there is a 1-month notice period for Probation as per our appointment letter.

1. Can the past employer, who hasn't accepted my resignation, take legal action against me? Can they ask me to pay for the 1-month notice?

2. Can they take legal action, claiming that I was working for 2 companies at the same time?

3. Can the damages claim be more than 1 month's salary?

4. They are refusing to take back the laptop. Please suggest how I should return it. They want me to serve 30 days, and then they will take it back.

Thank you, sir, please answer my 4 points.

Regards,
Padmini.

Well, as you already know and accept that you have not acted well, the realization of this unprofessional and unethical act is acceptable. We sincerely advise you and hope that you won't repeat it in the future. Before answering your question, I want to say that you must remember that you are holding an asset and not returning it for any reason, which can actually be a big problem for you here, as you are now an absconded employee with an asset of your employer. Therefore, holding an asset of your employer without their permission and not joining back to them even after their demand, as required by the appointment letter/employment conditions, and breaching the agreement of employment can be treated as an offense. They can take legal action against you anytime if they want.

But this also depends on their working style, policies, past actions, and understanding of treating these kinds of cases. Not any employer likes to spend much time on employees who worked just for 6 days only (it also shows how their recruitment practices and style are). Though, the employee/you deserve the punishment for this unprofessional act too.

Employees must respect the Appointment Letter and obey employment terms, which is a mutual agreement (agreed and accepted by both Employee and Employer). If not, I seriously believe the Employee deserves the punishment.

About Your Questions

#1 If your resignation is not accepted by your past employer, it means you are either being declared an absconded employee or not. If yes, it can be a problem during employee background verification by your future employer anytime. This can ruin your career, and as you said that you are from the IT sector, I hope you know the "Knowledge and Employee Information Sharing System" in IT companies, which helps a lot for employers to hire loyal and good professionals.

#2 Dual employment is not acceptable at any cost. If you have never read your appointment letter, you must do that, especially the clause for "dual employment," where you can find the consequences of the same if found in this position. They certainly can take serious action against you if they want. Second, it would not be good to say what they are going to do, because as we can't say what you are planning to do, we can't say whether they are going to take action against you or not, but it is very much possible in this case. I have seen some employers take these cases very seriously, consequently, employees found action taken against them by the employer.

#3 By considering the consequences of your unprofessional act and the demand of the situation, and the actions of your employer in this case, you can imagine the damages or how much you can be forced to pay and how.

#4 What do you mean by saying "they are refusing to take back the laptop"? Is it that they don't want their asset allocated to you, or do they want you to visit personally to return this asset? Well, I believe they are just expecting you to visit them and return it, and I would suggest you visit them as there is no harm in doing so. You need to resign and raise your concern/request with your valid reasons, at least for a try. You may feel ashamed of doing so because of your act, but you need not forget that you really have to visit them and return the asset you are occupying, which can be a big problem for you.

The best thing you have to do is to visit them and resign with your valid reasons, duly mentioned that you are returning this asset back to them, which was under your possession from the date of joining for your office work. Meet and request your Boss and HR Manager to allow you and come back with their responses so that the respective member can suggest you the solution to your problem further in your case.

If you have any contact there with your past employer whom you can talk to, you must speak to know what the employer feels about it or try to speak to your Boss/HR Manager immediately before it's too late for you.

Returning Company Property: Handling the Laptop Issue

The laptop being with you is a big mistake. When you knew you were not coming back, you should have left it in the office on your last day there.

Now, I suggest you send a registered letter to them stating that you are trying to return the laptop to them, but no one is taking charge of it from you. Request them to arrange for it to be taken from you or to inform you when and to whom you can give it and get acknowledgment of having handed it over.

You are totally at fault, and your previous employer is at liberty to sue you legally and spoil your career. If you accept my advice, please visit your previous company personally, hand over the laptop in a serviceable condition, pay off one month's salary in lieu of the notice period, and sincerely regret to them your mistake of being absent from duty. Do take someone with you as a witness, preferably another employee of that company, so that he/she supports your having appeared personally to take clearance from the company. Remember, be totally submissive and apologetic, and be persuasive in asking them to settle the issue. Tell them that you are not looking for any relieving letter, but have come only to hand over company property which was carried by default. I am sure their HR department shall be helpful to you. Best of luck.

I visited them to return the laptop, but they won't take it, saying they want me to serve a 1-month notice period. Please help suggest how I can avoid legal action.

Thanks,

Padmini

If you had a genuine reason to exit the organization, I think it should have been adhered to by Human Resources and entertained. Have they provided any written comments regarding the refusal to accept the laptop? What reason did they cite?

Did you cite a valid reason and have a talk with Human Resources? They cannot force anyone on the letter without spirit on the notice period. Life has so many permutations and combinations, often laden with innumerable vagaries and uncertainties. There should be a way of a notice pay period in lieu of the same, and even in this case, if you are not able to pay in one lump sum, they should be able to chip in and help out with phased payments.

Addressing the Issue of Resignation and Notice Period

With the issue at hand, let us see how you can be saved from further botheration. I presume that you have submitted a resignation letter, but it has not been accepted since you have neither served the notice period nor paid the salary. In this situation, the employer can presume that you have abandoned the service. Merely submitting a resignation cannot sever relations with the employer. Having agreed to serve a notice period of one month during probation, you cannot just walk off like that. Hence, for violation of appointment terms, you are liable, and your employer is perfectly justified in demanding notice pay. So, to overcome the problem, the advisable course of action would be to deposit the salary for the remaining notice period.

Legal Implications of Dual Employment

Legally speaking, you are on the rolls of two companies at the same time, although de facto you had resigned from the previous employer. Whether you will ultimately be held guilty depends on a lot of factors; perhaps an able advocate can save you from being found guilty. I presume that the previous employer has not given you any letter regarding the acceptance of resignation. An employer also has no right to delay the resignation process, and they should have by now indicated its status.

Claims and Liabilities

The claim could basically be for one month's salary, as Indian Courts have not developed much in terms of tortious liability in case an employee abandons employment. For any claim beyond one month's salary, the claimant has to prove before the court the extra loss directly caused to them by your actions, and only to that extent would the claim be allowed. And that is no easy task.

Resolving the Laptop Return Issue

As suggested by other members as well, you may go back to the previous employer, deposit the salary, and hand over the laptop. Most likely, the issue would be resolved, as most employers won’t prefer to have a reluctant employee back. However, if they still refuse, you may send a registered letter giving complete details, attaching a demand draft/banker's cheque, and offering to return the laptop and any other office items.

Let us not take an employer for granted and do justice to them as well.

KK

Attribution: https://www.citehr.com/460798-resign...#ixzz2TnGbxTwf

You have valid reasons for leaving. Of course, you could have thought of it before you joined; however, you did not. Yet, while leaving was wrong, let's not hassle over it.

Steps to Take After Resignation

You need to do two things. Send them the resignation letter by registered AD wherein you should refer that you submitted it on the 6th day and they had refused to accept. The worst-case scenario would be one-month notice pay, which you should keep in the back of your mind or set aside in an FD.

Second, send them another letter advising them that you have the laptop (even though they refused to accept it when returned) and they can collect it at their convenience. You can bear the cost of the person who comes to collect it. However, in the meantime, since they refused to accept it, you will keep it in your safe custody but at their risk.

Do not bother too much and get on with your life. Hope this assists.

Regards,
WCP

If you feel good, can you share the copy of your appointment letter? Second, you just need to visit them again and try to meet your Team Leader and Boss or HR Manager along with a written letter of resignation. Duly mention that you are returning this laptop, as you do not wish to continue your job for some reasons, but your Manager is compelling you to keep it with you. You understand your moral and professional responsibility and do not want to keep it with you any longer. You also need to send the same by emailing (using your personal email) your Team Leader/Supervisor/Boss and HR Manager, along with marking Cc to any friend/present employee (CC: NAME for seeking help/suggestion, so that he/she won't be affected by your case anyhow) there with your employer as witnesses of it.

If your Team Leader/Boss/Manager still won't agree on it, you need to be strict and confident with your firm decision that you won't keep it with you anymore. Also, try to meet another HR personnel or more senior executive at management (MD, Director, or HOD-HR) with your concern. By doing this, you will certainly get their attention that they have no permission to keep any asset of the company with any employee who is not working presently/not intended to continue anyhow. I am sure when they find you determined in your decision or actions, you'll succeed in your motive.

Ensure Proper Return of Company Property

Whenever and however you return that laptop to the company, make sure you get the name and signature of the person who takes or collects it. This way, there can be no doubt in anyone's mind that the company's property was properly returned.

Suggestion for Handling Employer Disputes

When you go there again, record the entire conversation you have on a voice recorder on your mobile (secretly). That way, if they make false accusations against you, you have proof against them. It is a last resort. A client of mine used a similar method in a legal case that the company threatened to file against him.

Regards.

Dear Ms. Padmini,

I am Padmini, and I joined an IT MNC in Hyderabad and worked only for 6 days. Subsequently, I received a much better opportunity with another company, and I decided to join them. Please note that this was my 3rd job. My first job lasted for 6 years, and the second job for 4 years. I have always exited previous roles with proper documentation and ethics.

I engaged in this unethical practice due to personal reasons; the office was too far, and I struggled to manage taking care of my kids while getting to work on time. The decision was not driven by financial gain, as I received a lower salary package in my new company. I have already informed my new employer about this situation, and they do not require a relieving letter from my previous employer.

Regarding Your Questions:

(1) Can my previous employer, who has not yet accepted my resignation, take legal action against me or ask for payment for the 1-month notice period as per our appointment letter?

(2) Can they pursue legal actions claiming I was working for two companies simultaneously?

(3) Is it possible for them to claim damages exceeding 1 month's salary?

(4) They are refusing to accept the return of the laptop. How should I proceed with returning it? They are requesting that I serve the 30-day notice period before they will take it back.

Thank you for your attention to these matters.

Sincerely,
Padmini

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Dear Ms. Nandini,

First of all, accepting an offer without considering the distance is a crucial oversight. Acknowledging that you engaged in unethical behavior is an important step. Currently, the company is not accepting the return of the laptop. I recommend discussing this issue with management or seeking support from your parents to resolve the matter promptly.

Alternatively, consider explaining the situation to your new employer, where you have received a favorable offer. Request their understanding as you complete the notice period and seek proper clearance from your current employer.

It is essential to recognize that hiring and onboarding staff involves considerable effort and expense for any company. Therefore, frequent job changes, especially when retaining company assets, can lead to legal issues such as theft cases. Employers have the means to take action to protect their investments.

I advise resolving the situation amicably by meeting with the HR department and your Head of Department.

Best Regards,
SRao
[Phone Number Removed For Privacy Reasons]

Dear Ms. Padmini,

Your actions were irrelevant, but I understand that a young mother like you is always worried about the children and remains confused. Your problems have arisen due to your failure to adjust in family and professional life. Dear, it's my advice that you calm down and learn to think about your actions twice.

Steps to Address the Situation

Now, in the present situation, although whatever you have done can't be justified, and you must feel sorry for your attitude and actions. But you don't have to worry much about this episode; just do a few things:

1. Send the resignation letter by registered post and clearly mention all the problems you had faced, also mention the date when you tried to submit the resignation.

2. Don't mention this job in your resume as there is no need to mention any jobs for just a couple of days.

3. If possible, go and speak to the management of that company.

4. Now, come to the worry about the action against you. So don't worry; they can't do much; they can just claim one month's salary and the laptop from you. Try to return the laptop under receipt from them and forget everything.

I am sure they can't do anything, and you are not at any risk. But try to take a lesson from all this.

With best wishes.

Dear Padmini, The matter is simple. You have already submitted the resignation letter. If one month's notice is not served, then they may accept the resignation and ask you to continue till that date. Since they have not replied to your resignation letter, that means they would like to accept the resignation. Do not reveal your present employment and send a reminder stating that you are forced to resign due to personal and family circumstances and request a relieving letter. In that letter, mention that you have the company's laptop and would like to return the same.

They will have to accept the resignation, and at the maximum, they may ask you to pay a month's salary. You may tell them that due to emergency and family circumstances, you have to resign and request them to waive the notice period and accept the resignation. You need not worry too much about this.

You have accepted that what you did is unethical. Well, that is good. Try to solve this amicably. As for the laptop, as suggested by a friend, write a registered letter and an email or fax informing that you have offered to return the laptop (indicate the name and designation of the person) but he refused and ask them to arrange to take it back. You can even courier it to them if you have proper packaging, after ensuring that it is in good order.

Insisting on serving one month with a past employer is meaningless since you may not be committed and loyal to them even if you stay there for one month.

Ultimately, you need to check what is there in the appointment letter as your joining there based on the appointment letter is a contract and a civil case can be filed, though I doubt they will go to that extent as it is time-consuming and cumbersome. Write a polite letter to your MD, or whoever is in control, explaining the circumstances and your problem and that you tried to meet him, etc., and request a waiver of the notice period and offer to pay the notice pay if it is not waived. This could stop any litigation.

I had a similar case in my present company. An engineer was sent on special training costing 40K, but he left after completion of the training without returning the uniform, books, and some other articles. I issued a legal notice threatening a civil suit and also wrote to his new employer and informed him that I will circulate this in the industry journal. The guy not only paid back the money, returned the uniform, and also lost his job. Your new company may not want your former employer taking such steps.

So please sort this out amicably and quickly.

Regards,
O. Abdul Hameed
Formerly Addl. Commissioner ESIC

Have you signed any formal contract with them? If not, do not worry unnecessarily. As suggested by the other members, draft a letter and provide them with a justification for why you are quitting and requesting the return of the laptop. No employer can force you to work just because you are their employee. If you still find yourself in a difficult situation, consider contacting an advocate to ensure your safety.

Regards,
Subbukrishna
Advocate

I appreciate that you are trying to gather inputs to resolve this matter in the best possible way. Let me tell you, moving out of a company after a few days is not unique. Probably there is a failure at the organization level too for not making sufficient efforts to assimilate the new joiner into the company and help them settle down smoothly. At least you are making efforts to move out amicably. There are scores who just disappear and never bother to even inform.

Most of the members have already posted suggestions. Please do not worry; this whole matter is not such a big deal. You have a genuine reason. There is a possibility that some of us join a new company but soon realize that we are unable to strike a work-life balance due to excess time spent in traveling or the inflexible culture in the organization sensitizing with the female staff, etc.

All the best,
Gia

It's good that you already realize that what you have done is not ideal. In most companies, the notice period isn't applicable if you leave during the probation period or within the initial days of joining. You can check with the company regarding this.

Mr. Navneet Sarin has given the best advice. All I can add is that what you have done is wrong but not unethical nor a crime. Don't worry about the previous employer spoiling your career, etc. Please calm down.

Steps to Return Company Property

Send a clear letter stating that you have resigned and wish to return the laptop. Set a deadline by which they must arrange to collect the item. Send two reminders with a one-week gap between each.

With best wishes,
Regards.

Notice Period During Probation

Does it matter to serve a 1-month notice if an employee resigns during the probationary period? As far as the acceptance of resignation, I think the court accepts resignation letters forwarded via email.

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I have corrected the spelling and grammar errors in your text and formatted it into two paragraphs with a single line break between them. The meaning and tone of your message have been preserved. Let me know if you need any further assistance.

I hope you have followed the inputs in the above thread from the seniors. Please share the developments so that we can guide you further.

Solutions to Your Concerns

1 and 2. If you have entered into an agreement, you must follow and obey the conditions.

3. If they want to scrutinize you for doing two jobs at a time, it is quite common nowadays. Therefore, obtain a written letter from the new company stating that they do not require an approved resignation letter from the old company. Additionally, provide a self-declaration letter to the new company confirming that you are solely working in this new company. In many legal courts, a self-declaration is acceptable, including in the income tax department.

4. Return the laptop to the old company. It is the responsibility of the old company to receive the device. Send it via parcel courier and retain all receipts for future correspondence. Do not worry; things will work out soon.

Try to pacify the situation with your words to your old boss. If that is not successful, proceed with the steps outlined above.

Contact: [Phone Number Removed For Privacy Reasons]

Hello all,

I left my last employer (big MNC) in 7 days (2 days induction) without serving any notice period and without taking any salary. I am an experienced candidate, and they did not provide any training even though I started working from the very first day. Now, they are asking for 2 lakhs as per the service level contract, which states that the amount is for the training cost and not a penalty. Am I liable to pay?