Feeling Stuck: How to Handle Legal Threats After Resigning Without Notice?

I joined a company as an OFFICER C1 GRADE. I have only worked for one day, but during that day, I did not perform any practical work, and no training was provided. Subsequently, I fell ill and did not go to work the next day. I informed them that I would not be coming in. Following this, my family advised me not to return to the company, and I communicated to them that I would not be continuing with the job. They mentioned taking legal action against me.

Notice Period and Legal Concerns

The appointment letter states that I must provide a one-month notice period or pay one month's salary in lieu of notice. They have now sent me a letter via courier, but I have not yet received it. Please advise me on whether I should accept the letter. If so, what should be included in the letter, and what steps should I take next? I am feeling completely confused. Please help me.

Warm Regards

What is the organization about? They cannot take legal actions, except for the notice period that you have to serve, and also if you have any company-owned properties with you. Please also let me know which department you have joined. You should ignore the courier sent to you by the employer.

Thank you for the reply. I have not taken any property from the company. The basic work of the company is providing loans to people and other companies. I joined the operations department based on the verbal discussion during the interview. They informed me that the basic work is related to the accounts department and linked with others. However, the actual work involves data entry. I have also obtained a medical certificate from my family doctor. Please suggest the further process.

Warm Regards,
Simanchal Panigrahi
[Phone Number Removed For Privacy Reasons]

Dear Mahesh Sir, I have not submitted my photo and have not provided my mother and father's D.O.B. I remember that there is a clause that the company may take legal action against me for leaving the job without any notice period. However, I only attended one day in the company and on that same day, I did not work practically. Following that day, I suffered from fever, cough, and weakness for 4 to 5 days, for which a medical certificate was provided by my family doctor. After that, I took a rest for 1 week, and after 2 weeks, they just called me to ask if I had received the letter or not. Currently, I am searching for a new job, but due to their regular interference, I am finding it hard to concentrate on interviews and even in my personal life with my family. Please, Sir, reply to me urgently as I am very scared of everything that has happened.

Regards,
Simanchal Panigrahi [Phone Number Removed For Privacy Reasons]

Please do not sustain undue pressure from what has happened. Basically, you have not committed any illegality that would warrant any action against you. Also, do not be disturbed by the words "legal action" mentioned in the appointment letter.

Deciding Your Next Steps

Now, first, you need to decide whether you want to report back to the company or not. If you want to continue your job, it is better to talk to your superiors and the HR Head to sort out the problem. If you have decided not to return to work, then you do not have to worry about any action. No action is possible against you except the termination of your one-day service.

Regards

The Human Element in HR Processes

Companies are run by people and not by machines. Have you ever thought of the person in the HR department who has screened your resume, shortlisted you, interviewed you, and negotiated with you? Have you ever considered how many people were denied the job just because they selected you? If you are selected for a post, a company, or an official (can be more), has spent considerable time on this process, which was proved to be non-productive because of your resignation. Have you ever thought about how that HR can justify his activity of selecting you?

I am not here to blame you, but the fact remains a fact. It may also be true that the company must have given you a false job description at the time of the interview. But please note that every story has three parts: your story, their story, and the real story.

Challenges with Job Hoppers

As an HR personnel, I do feel a lot of issues with job hoppers. There were many cases when I selected a person after searching resumes, calling them, mailing them, arranging interviews, paying for TA, negotiating, preparing offer letters, personal files, initiating other formalities such as an ID card and other facilities, and finally, the new joiner leaves within a short while, keeping this company's offer letter as a benchmark salary and attending interviews somewhere else.

Advice for Future Job Decisions

I advise you, at least for the next job:

• Make sure of your responsibilities and JD.
• Inquire about the company and nature of work.
• Decide whether you and your family can 'accept' the nature of the job.

Attrition has become the biggest challenge for HR professionals, and you will also feel the same once you reach a senior position.

Loyalty and Growth

My humble opinion/request to all is that, after all, we are all working for ourselves, our families, and for our company. It is true that the company is paying for our work and efforts, but that doesn't mean that we shouldn't remain loyal to the employer. Remember, the company's growth contributes to our growth as well.

My intention was not to hurt anyone, but as I said, the fact is a fact.

Regards,
Deepak

I do endorse the views of Deepak. Attrition and handling knowledge workers are the biggest challenges before HR professionals. We HR professionals often become exasperated and use words of frustration like "Legal Action." No one can stop others from choosing their own career path, but they have to fulfill terms and conditions such as serving notice/in lieu of salary/payment of bond amount. However, these agreements are often one-sided. At most, the company can deprive one of providing a release order/NOC, etc.

While Mr. Deepak has raised a growing concern, I would like to mention that this doesn't give recruiters the right to sue. We should not forget that in India, we practice employment at will on both ends, which means even the employee has the right to terminate the employee-employer relationship if it doesn't please him/her.

I do understand that we put lots of effort and time into screening a person only to find out that they leave or don't turn up. But the only option is to have a couple of people in the pipeline for such contingency.

Legal Implications for Short Employment

Mr. Simanchal, since you have worked just one day, there can't be legal action against you. You may have to serve one month's notice or pay the dues at worst. If a company goes on filing and hiring lawyers for every candidate/employee who leaves a job without serving the notice period, they won't have enough time and other resources to concentrate on their business.

Recover soon and sort things out with this employer as suggested by Mr. Kulkarni. All the best.