Facing Legal Threats from My Former Employer for Leaving Without Notice – What Should I Do?

I had joined one of the topmost MNCs one month ago, but due to my family problem, I left that job in 7 days (during the training period) without serving any job leaving notice. At that time, I spoke with all my managers, but they didn't provide me with any information about resignation. A few days later, I received two letters on different days. In those letters, they mentioned "unauthorized absence from work" and directed me to report to work on or before a specified date. They also mentioned that if I had any queries, I should get in touch. However, I did not contact anyone. Now, I have received a third letter stating that I have to pay a certain amount of money to the company within five days; otherwise, they will take legal action against me. Unfortunately, I am not able to pay any amount. What should I do? Please kindly guide me.

Regards,
Suraj

What were the terms and conditions in your Appointment Letter? If it is mentioned that you have to refund the training amount in case you resign or abscond, then you have to. Secondly, did you submit the Resignation Letter to your managers/HR at the time of resignation?

Please let me know if you need any further information in this regard.

Regards,
Pranab Chakraborty
[Phone Number Removed For Privacy Reasons]

I haven't submitted a resignation letter to my manager/HR at the time of resignation. In the appointment letter, they mentioned that "1. at the time of formally resigning from service you shall have to serve a notice period of 60 days." In separation from the company, they mentioned paying up for the notice period in lieu thereof on your annual gross compensation.

So, I want to know what kind of legal action they will take against me if I do not pay the money. Kindly guide me.

Regards,
Suraj

I joined one of the topmost MNCs one month ago, but due to a family problem, I left the job in 7 days (during the training period) without serving any job leaving notice. At that time, I spoke with all my managers, but they didn't give me any information about resigning. A few days later, I received two letters on two different days. In those letters, they mentioned "unauthorized absence from work" and directed me to report to work on or before the specified date. They also mentioned that if I had any queries, I should get in touch. However, I didn't contact anyone. Now, I have received a third letter stating that I have to pay a sum of a thousand rupees to the company within five days; otherwise, they will take legal action against me. Unfortunately, I am not able to pay any amount. What should I do?

Notice Period and Resignation Clause

I did not submit a resignation letter to my manager/HR at the time of resigning. In the appointment letter, it was mentioned that "1. At the time of formally resigning from service, you shall have to serve a notice period of 60 days." Under "separation from the company," it was stated to pay for the notice period in lieu of the annual gross compensation. However, they did not mention any rules related to absconding.

Therefore, I would like to know what kind of legal action they will take against me if I do not pay the money. Please guide me.

Regards

Legal Action and Salary Claim

As per your appointment letter, they can take legal action against you. Also, they can claim 53 days' salary (60 - 7 days because you worked for 7 days) in lieu of your notice. However, what I advise you is to just keep quiet and wait for the court summons. The court is usually in favor of the employee if you have valid reasons and documents. Companies generally send these legal notices to harass the staff and to show management that they have taken action against the staff. However, in practice, they are not inclined to engage in legal battles, which are more expensive and time-consuming. So, don't panic.

Professional Conduct and Career Impact

Another point I would like to suggest is that please do not behave like a child in the future. Such activities can spoil your career, and you may be blacklisted from the industry.

Regards,
Kamal Datta

If you have signed a bond and/or accepted the offer of appointment, it is presumed that you have accepted the terms of employment prevailing in that company, whether or not you are aware of it. Since it was clearly mentioned in your appointment letter to serve a notice period of 60 days, you need to first submit your formal resignation and then either pay 60 days' salary or serve for 60 days. In case you opt to pay the sum, you may pay for 53 days (60-7) if you have not received any remuneration for working. Please do not take it casually as it may spoil your future prospects if things go wrong. I would just advise you to be a serious and dedicated employee wherever you serve. If you wish to leave, leave with dignity so that you or the company do not feel sorry about it.

Regards,
AK Jain

I appreciate your gesture of giving advice to Sh. Suraj to behave in a decent and more mature way, but equally, I do not agree with you for advising him to just keep quiet and wait for a court summons. Your contention that "companies generally send these legal notices to harass the staff and also they send these notices to show the management that they have taken action against that staff... But practically they are not in favor to go to the legal battle... which is more expensive and time-taking," is not a correct statement. You know the companies have their legal department, including budget provisions to fight such cases. The harassment is actually caused to the employee, who has to spare his time and money. Don't you think that Sh. Suraj was at fault and he should have gone honorably by settling his accounts instead of playing Hide & Seek with the company? Suppose we are managing a company; even an employee's sudden absence for a day disturbs us. How about a person leaving a company without information forever? The work suffers, and equally, the management has to suddenly undergo all the formalities for recruiting the replacement of the employee.

I am of the view that this is the forum where we have to render our correct and matured advice based on statutory provisions of the law rather than to support the wrongdoings and encourage indiscipline.

I am sorry to be frank and apologize if I have, in any way, hurt your feelings.

Regards,
BS Kalsi

Member since Aug 2011

Remarks on Your Situation

1. The company must have incurred expenses on you for the canteen, transportation, and other facilities. The company is taking the right action. They are not asking for the 53-day notice pay as mentioned in your appointment letter. Hence, they are fair enough.

2. Please initiate your thought process and ask yourself if it was the right way to leave the job. The minimum obligation expected of you is to inform them about your intentions.

3. The company, based on your competency and upon application, has given you an opportunity to work with them. The way you have left the job is not professional behavior.

4. Your intentions speak the truth. The best way expected of you was to submit an application and explain the situation to them. Now, as per your notes, none of the expected actions were taken by you. I advise you to talk to the authorities, submit an explanation, and if possible, deposit the amount to them.

Regards,
DKZ

I appreciate it if you might have taken the time to read the appointment letter. The terms and conditions in the letter have been breached by your actions. They can sue to recover the amount by filing a case in civil court.

Suggested Steps

1. Talk to the HR Department and specify your problems.
2. Submit your resignation.

Please understand that they have given you an opportunity after a lengthy selection process and have incurred expenses on your training.

Regards