Can My Boss Really Sue Me for Resigning Without a Month's Notice? Seeking Advice on Legal Risks

I was working for a company for 18 months, and there were quite a few issues (such as lack of vision, focus, late payment of salaries sometimes going up to 3 months, working environment, etc.) that forced me to search for an alternative. Just a week back, I applied for a position, and after the hiring process, I was selected. Now the new company has asked me to join within a few days. So, I resigned from my current position. When my boss came to know about my resignation, he actually threatened me with dire consequences, saying that he would file a legal case against me and ruin my career. He said I should give a month's notice prior to resignation.

In the employee agreement, it is clearly mentioned that if I leave the company without giving 30 days' notice, I will have to forego one month's salary, which I have. Now, can my employer take legal action against me based on the above situation?

Don't worry about this as your employer will not take legal action against you for sure. No company has the right to threaten any employees by any means as it is illegal.

Since you failed to serve the one-month notice period as mentioned in the offer letter, kindly write to them once again with a copy to the MD or top-level executive if possible and request that you are ready to pay for a month and you are not able to serve for a month due to family issues.

Considerations and Questions

Keep the following in mind and let me know your answers:

1. They failed to do their duty as an employer in terms of on-time salary, providing a good environment, etc., and no employee will work for a company that doesn't pay for their contribution.

a) Do you have any proof of delayed salary from the company?

b) They may delay or refuse to give an experience/releasing order to you. If so, will it not be a problem for you when you join a new company? Is your new employer okay if you join without an experience/releasing order?

c) Are there any dues to be paid to you by your current company? If yes, you must claim for the same, and they cannot refuse to complete the full and final settlement.

d) If possible, try to meet with your HR people and immediate boss and explain your situation (do not mention that you are joining a new company). Request them to do the needful in a polite way.

Regards,
M.Kannan

Having paid the one-month notice dues, the employer cannot detain you or take any legal action against you unless he has given you a show-cause notice of any contemplated disciplinary proceedings against you.