Facing Legal Threats After Immediate Resignation: How Should I Handle This Situation?

Hi, I was working at a place for about three months. I started work on 15/12/14 and only received my appointment letter on 25/12/14. On top of that, my appointment letter stated the date 1/12/14, which is not logical as I only went for the interview on 2/12/14.

I was basically not happy at work as the boss gets furious over petty things. He also doesn't like the staff leaving at 6 pm. My parents don't like me coming home late as I'm a girl and the youngest in the family, plus my dad's car got robbed, and it was not safe to come back late.

I discussed this with my boss; he said alright, but still, when the clock ticks 5:30 pm, that's when he gave us the job to complete. In conclusion, I wasn't happy because he was too harassing us.

I left on 31/3/15 after receiving my salary. I gave in an immediate notice of termination. They confirmed my employment on 25/3/15, but there was no proof of receipt. So I took that as a backup and left.

Now they have sent me three letters in total from the company stating that I have to pay, and non-compliance will lead to a legal notice. (The boss's wife is a lawyer). So, I left it aside and didn't bother. Now the legal notice has been issued, and they have asked me to pay the salary in lieu; if not, they will charge me in court. Now I'm not sure what to do in this state. I have not gone to the labor office. I hope I can get some answers.

Regards

Understanding Your Employment Terms

Did your appointment letter have any clause about resignation, termination, etc.? Some bosses are like this—they will load you with work just before closing time. One will have to learn to tackle such working conditions.

Reviewing Company Correspondence

Now, as far as the letters from the company are concerned, you need to see whether the notice period for resignation was specified. Did the company clear your resignation after you intimated that you don't want to work with them any further? Do you have any documentary proof of the acceptance of resignation?

Providing More Information

Anyway, you need to provide more information for people to advise you. What were the terms of employment? What post were you working? If it becomes a legal challenge, do you have enough evidence of the casual attitude of the company? You joined on 15-1-14, but their appointment order is from 1-12-2014.

Of course, you must see how to avoid legal battles because they are costly and time-consuming.

Regards.

Yes, the clause states that resignation is for 1 month. They didn't accept the resignation because it was immediate. I was working as an account clerk. It will be time-consuming, but I left because I just joined a new place to work. Due to my commitments, I had to find a workplace as soon as possible.

Addressing Antedated Appointment Letters and Legal Concerns

Since, as you mentioned, the appointment letter is antedated with effect from 1.12.2014, although your interview was held on 2.12.2014 and you joined on 15.12.2014, it is evident that the offer of appointment was antedated and fabricated with an ulterior motive to deny your right to resign immediately during probation. The employer was aware of his harassing attitude, which might cause an employee to leave immediately.

Send him a reply through an advocate stating that the appointment letter dated 1.12.2014 was fabricated and antedated by him. If he intends to pursue this in court, he will be liable for prosecution for forgery and contempt of court, besides harassing you and engaging in unfair labor practices. If the confirmation letter was not served upon you, then you were on probation and could have left immediately.

Thanks,

Sushil

Your ex-boss's wife is a lawyer; she will, in all probability, tell her husband that one should approach the court with clean hands. He has given you an antedated appointment letter. He intentionally delays staff by loading them with work just before the end of working hours.

While your boss may have a notice period of one month, he is wrong in some aspects. When he receives a proper reply from an advocate, he will step back and drop the idea of pursuing your matter legally.

I hope so Nathrao. I will consult an advocate in this matter. The same goes for my colleague. She was employed in May 2014 but only received her appointment letter in January 2015. Additionally, she was under wage calculation and not paid the Employers Provident Fund. She also received a letter of demand because she, too, left together with me.

Since your colleague was paid less wages than agreed, she was entitled to revoke the contract without any liability. Instead, she can claim wages that were not paid by the employer but were due to be paid. Ask her to approach the labor commissioner to get the dues.

Thanks,
Sushil

Yes, I fully concur with Mr. Nathrao. As far as possible, avoid legal resorts. However, when the employer himself is stooping down to such levels, not replying through an advocate can work against the employee in further court proceedings.

Thanks,

Sushil

Hi Sushil,

It will affect my reputation if I bring it to court. It will also cause them shame if I were to bring out a lot of things, and they will lose employees once they know. I don't wish to do anything about it until I receive the lawyer notice by hard copy because now they have only sent it to my email, and it's stated that it's by 'registered post,' but until now, I have not received anything. When I do, I will get advice from the labor department.