Resigned Without Notice Due to Personal Issues: Can I Avoid Paying Back My Salary?

Subject: Resigned from the Company Without Notice

Hi, I had been working in a consulting company for 3 months, and in the appointment letter, it is mentioned that I need to serve a 1-month notice period before resignation. Now, due to some personal issues, I have resigned from the company without giving any notice, but I have sent them a resignation letter. They are asking me to pay back my 1-month salary despite working there until the end of the month and receiving repeated reminders regarding the salary. I am currently not employed anywhere else. Can I do something regarding this? Please help me.

Regards

Understanding Your Separation Policy

You need to check the separation policy of your firm as outlined in their HR manual and in your appointment letter. Is there a statement like this: "The employment can be terminated from either side by giving one month's notice or salary in lieu of it"?

If this is mentioned, the reason they are asking you to pay one month's salary is that you are not willing to serve a 30-day notice as per the agreement (appointment letter). If nothing like this is mentioned, ask your HR why they are requesting payment of one month's salary. They may explain that it is the salary in lieu of notice. If this is not mentioned in your appointment letter or HR Manual, you may question it. However, I doubt the futility of it.

Probation and Resignation Clarification

3 months is what you said is the tenure with that company. Then how many months was the probation?

Sent them resignation - means?

- If you emailed your resignation during the probation period, you may not have to worry about the notice period or pay in lieu thereof.

- If you were confirmed in services with the company, you should have provided the resignation letter in person stating your emergency exit; they would have definitely waived off the NP.

- You could respond to the reminder sent to you, asking for the reason as to why an amount should be paid to the employer if your probation wasn't over. If you still are a confirmed employee, you may then speak to the HR; provided you are still looking for a relieving with the employer.

Speaking always clarifies the biggest misunderstandings of all. Hence, step forward to say your piece and make a stand. Do also let us know about your next step; it might help the rest of our site members who fall under the same ambush.

Good Luck!

Importance of Corporate Courtesies

It is sad that we, as employees, do not observe basic corporate courtesies. Please remember that we are obliged to give at least one month's notice or pay in lieu because of the following two important facts:

• The organization would have invested some resources, in terms of time, cost of ads, etc., before hiring you. They deserve to be compensated for the wasted efforts.

• They will need to find someone to take over from you (whether from within or outside). This also will need some time.

Also, remember that it is a small world. You may find yourself face to face with one of the persons you short-changed, as a member of an interview panel you may face in the future. Do you think the person would give positive feedback about you?

Regards,
Munshi