Abscond Company Due To Wrong Work Assigned With Withdrawal Of One Month Salary

chethanrao
Hi,

I joined a company one month ago, and they asked me to work on different technologies than the ones I was hired for. They also assigned me to a support project that was already developed, although I had joined as a developer and did not feel comfortable with this change.

Due to these reasons, I began searching for a new job and eventually absconded from my current position. The HR department emailed me to inquire about the reason for my sudden departure, to which I responded that I had received a new opportunity and decided to leave the company, instead of stating the real reason, which was the mismatch in the assigned work.

The company then sent me an email demanding that I return one month's salary, threatening to send a legal notice to both my current and previous employers if I do not comply.

I am seeking advice on how to handle this situation. Should I pay them back if they agree to provide me with a relieving letter? Or could you please provide me with a link to a clause that may help me resolve this issue?

Thank you for your assistance.
Dinesh Divekar
Dear Chethan,

It is my personal opinion that you should return that one-month salary and resolve the matter. Obtain a proper relieving letter and a "No Due Certificate."

Imagine what could happen if you do not comply. The company might take legal action against you. Are you prepared for potential litigation? The company has the resources to handle even a frivolous case of this nature. Can you handle that? What if your employer discovers your questionable past?

If you have found a better job, it is crucial to focus on your current job rather than burdening yourself with unnecessary issues.

Ok...

Dinesh V Divekar
chethanrao
Hi Dinesh Sir,

1. The appointment for me as a .NET developer.
2. When I joined, they assigned me Excel work as well as some support projects in .NET, but I'm a developer.
3. When HR asked for the reason, I replied that it was due to an onsite opportunity instead of stating the truth that the wrong work was assigned to me.

Am I liable to return the full payment, or should I return only the basic salary?

Dinesh Divekar
Dear Chethan,

Whatever was the reason, today's truth is that you have left them and are working elsewhere. So why not finish the matter with the complete return of salary?

Why did you not reveal the truth when leaving the job? HR could have assigned you the job for which you were selected.

It appears that you are a little reluctant to return the salary. Talk to HR and find out whether they are ready to accept the partial return of salary. If they accept the partial return, well and good.

Lastly, please compare the benefits of returning the salary versus the benefits of not returning the salary. Choose the option that suits you the most.

Ok...

Dinesh V Divekar
chethanrao
Dear Dinesh,

I'm ready to return the payment.

1. What should be the mode of payment - by Cheque/online/DD?
2. What kind of documents should I expect from them?
a. Relieving/experience letter.
b. NOC certificate.

Thanks.
Regards,
Chethan
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