Can My Former Employer Really Sue Me for Not Serving My Notice Period?

I was employed with one organization. I worked for 25 days, and due to some personal problems, I was forced to resign from that organization. I didn't inform them beforehand, but I sent a formal email about my resignation. Later, I received a letter from the organization stating that I needed to serve the notice period or pay a shortfall notice period fee of $7000. I responded via email, explaining that I am not in a position, both physically and mentally, to work. However, they are threatening legal action against me. Additionally, during the 25 days I was there, I was not assigned any work and was completely idle.

Please advise on how to handle this situation. Is it possible for them to take legal action even though I am not willing to work for them?

First of all, let us know if you have signed any paper documents such as agreements or offer letters, or if you have received any formal emails from the company. If your documents are legal, then you are required to adhere to the terms stated. Otherwise, the company cannot take legal action against you.

Yes, I have signed an offer letter that states the below points:

a) In the event of you deciding to resign from the services of the Company, you will have to give 2 (two) months prior written notice to the Company.

b) In the event you fail to serve out the notice period specified herein, the Company shall be entitled to approach any Court of competent jurisdiction to recover all costs, damages, losses, and expenses incurred by the Company as a result of your failure to serve out the notice period.

But I am not in a position to work with that organization due to personal issues. What should I do?

Yes, I have signed the offer letter which states the following:

a) In the event of you deciding to resign from the services of the company, you will have to give two (2) months' prior written notice to the company.

b) In the event you fail to serve out the notice period specified herein, the company shall be entitled to approach any court of competent jurisdiction to recover all costs, damages, losses, and expenses incurred by the company as a result of your failure to serve out the notice period.

However, I am not really ready to work with that organization due to personal reasons. Please suggest.

Steps to Handle Employment Resignation Issues

As we do not know the reasons why you cannot go back to work, the following steps can be taken:

1. Serve the notice period and get paid for the time.
2. Pay the shortfall notice period fee.
3. Prepare for potential legal action.

Regards.

You can talk to the company's HR and let them know about your physical and mental (as you said) problems. Try to negotiate for some other options. Maybe less payback or less service time where you will complete knowledge and responsibilities transfer.

Once you report for employment upon accepting an offer letter from an employer, you are bound to work the notice period upon indicating your desire to leave the organization. Please note that no reputable employer will support a unilateral separation of employment by an employee that goes against the terms of service.

Negotiating Your Exit

It is recommended that you engage in negotiations with your employer in a respectful manner to reach a mutual agreement; otherwise, they may resort to legal action if initiated against you, leading to additional mental stress due to prolonged legal proceedings. When an employer takes action against an employee who breaches the terms of service, it serves as a message to other employees who may be contemplating leaving the organization suddenly.

Therefore, please carefully consider your actions and approach the situation diplomatically without causing harm to either party.

Thanks and regards,
V. Sridharan
Madurai

For a period of 25 days working, wherein you were not assigned any job and were idle, the employer cannot force you to serve a notice period for 2 months. At most, they may not pay you for the 25 days you worked. So, don't worry and take it easy.

Hi Folks, I was working with Infy until December last year. Due to some family issues, I had to quit the organization without serving notice. Today, I received an email asking me to pay 96k as F&F settlement in lieu of not serving notice. Could you please suggest if this can be legally enforced upon me and what my options are? I joined the company early last year as a lateral and had completed probation.

Regards, Singh

Please read the termination clause of your company. If it states that a notice period should be served and it was not served, they may deduct or demand the Notice Pay, which was mutually agreed upon and signed by you as acceptance. There may not be much that can be done, but you can still negotiate with your employer to come to an amicable solution at the table.

Thanks, Saji! Just one question: I haven't received my experience letter yet. By paying this settlement amount, does it mean that I might get my experience letter and service certificate?

In the corrected text, I made sure to fix the spelling and punctuation errors. I also maintained the original meaning and tone of the message.