Am I Liable for Resignation Penalties After Being Sent Abroad by My Employer? Seeking Advice on Legal Steps

arjunaid17
Last February 2011, I accepted an appointment letter as Manager from a company on the condition of joining after 1 month and countersigned the appointment letter. It stated that if I wish to leave the organization, I need to give 3 months' notice; otherwise, 3 months' salary would serve as compensation.

After 1 month, I went for joining as Manager. There, I was asked to submit my passport as the company decided to send me abroad for a project with their US-based sister concerns as an Operator. I agreed as it involved good money. For the initial month until the visa arrived, I was informed verbally to work as a Consultant rather than a Manager and was paid by cheque. Everything was communicated verbally, so to avoid any issues, I ensured to get all details from them through email.

Before flying, I signed a 1-year contract with the sister concern company, stating that I am their employee. In this scenario, am I considered an employee of the original company or its sister concern? After 3-4 months of the abroad project, I was sent back to India without any explanation. The original company is now interested in retaining me as Manager, but only through verbal statements with nothing in writing. Consequently, I declined to work with them by sending a resignation via email, to which no one responded.

After 1 month, I received a notice on the company's letterhead demanding 3 months' salary as compensation, which I disregarded. After a few more months, their lawyer sent me a notice to repay the 3 months' salary, and now I have received a court summons indicating that they have filed a case against me. In this situation, what should I do? I have all communication documents between the sister concern and myself.

Please advise on how I can respond to them. I am completely perplexed because, to my knowledge, if a company seconds someone to its sister concern or franchisee with an official document, it implies that the previously signed documents are null and void. Can I file a case against them and seek compensation from them as it was their sister concern that breached the contract, not me?
tajsateesh
Govind Singh Negi has given you very short and apt advice – just fight it out. However, I suggest avoiding filing another counter-case against the company, as that step has the chance of revealing your cards. Please hire a good lawyer; it's best to choose someone whom you already know. Maybe you can also include 'damages' in your response.

All the best.

Regards,
TS
arjunaid17
Govind Singh Negi has given you very short and apt advice—just fight it out. However, I suggest avoiding filing another counter-case against the company, as that step has chances of revealing your cards. Please hire a good lawyer—ideally, someone whom you already know. Maybe you can also add 'damages' in your response. All the best.

Regarding your concerns about the time it will take in court for a result and the compensation for mental harassment and time lost if you win, I understand your apprehensions.

Thank you for your reply, and I hope this advice helps.

Best regards,
TS
tajsateesh
You have a point regarding "how much time it will take in court for the result and even if I win, then what about the mental harassment and the time lost - how will it be compensated."

As for the timeframe, you need to be prepared for it. The only best-case scenario I can think of is once the company realizes that you are prepared to fight it out, they may come to the negotiating table for an out-of-court settlement.

Regarding the time lost and compensation, I have already suggested about 'damages' that you could include to cover the mental harassment, time lost, cost of other lost opportunities, etc.

All the Best.

Regards,
TS
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