Facing Termination for Absence: Should I Pay the Notice or Seek Legal Help?

I've been absent from work due to workplace safety concerns, anxiety, and depression. During my absence, my boss only asked me once where I was. After that, he never contacted me. After more than 10 days, I decided to send him an email. In my email, I expressed my frustration with the company's policy and management. I also informed him that I am withdrawing myself from the company and they can consider me as an absconded staff member.

After that email, they never replied to me, but suddenly, a week later, they sent me a letter via email. The letter is a termination letter due to my abscondment and asks me to pay 2 months' notice in lieu.

Please advise me on whether I should pay it or seek advice from a legal consultant.

You have resigned because of "workplace safety, anxiety, and depression." But before resigning, why did you not approach a counselor? Why did you not approach your HR? Did you investigate the causes of the depression? What efforts did you make to mitigate the causes of depression? Was there any change of department or any chance of manipulation?

Separation from the company is one thing, and the method of separation is another. Abscondment from work was not the right way of separation. There is nothing like "withdrawal" from the company. You cannot compare yourself to an investment in a financial instrument where the investor can withdraw at will. Each employee needs to give proper resignation and complete the notice period.

Now, coming to the solution. At this stage, there is no need to approach a labor lawyer as such. Many lawyers advise filing a suit. However, court cases drag on for years. This will exasperate you to the hilt. The corniness of court cases kills the joy of winning the case. Yes, your termination is illegal. Any termination has to be preceded by a domestic inquiry. Your company has not conducted any inquiry.

At this stage, just ignore the company's notice. Let us have a "wait and watch" policy. If the company sends you a legal notice, then come back to this forum again. As a trade-off, please be prepared to forego a service-cum-experience letter from that company.

Thanks,

Dinesh Divekar

Here is the reason why I didn't approach HR. I am the HR Manager. During my service with the company, my management never listened to HR advice. When something happens related to the labor department, staffing, or even issues beyond HR duties, my management simply throws the problem to the HR department. This happens frequently despite my advising management many times. I try to remain calm and handle situations professionally as an HR Manager.

Until one day, our company's business partner abandoned his duty and stole a large amount of cash. The cash belonged to the business partner's workers. Since the business partner ran away, the workers came to the HR office, demanding their payment. Rightfully, their payment does not come from us, but since their employer had run away, they asked us. At that time, no one from management supported the HR department. Everyone remained silent until our company's regional office was notified. We managed to pay the business partner's workers and lodged a police report. After that incident, my staff and I felt demotivated and afraid to come to work due to safety concerns.

The reason for our safety concerns is that the business partner's workers keep asking us for money, claiming the payment was insufficient. We made the payment according to the list prepared by their employer.

We tried many times to contact the business partner but failed.

Three days later, on my way back from the company workers' hostel, I was driving alone. My car was blocked by three unknown men in a van. I couldn't hear what they said, but their body language showed anger towards me. I panicked and sped up my car. I didn't file a police report but only told my staff what happened. I was scared and couldn't think clearly. I stayed home, didn't answer calls or messages, feeling angry, sad, and depressed.

I know absconding is not appropriate, especially as an HR Manager. But I am also a human being and a woman. What saddens me is that no one from management showed concern or care. After all the bad things that happened, everyone remained silent. But when it comes to my abscondment, they act efficiently but do not follow proper procedures.

Question

If my company doesn't conduct a proper procedure on my abscondment, can I challenge their decision?

I am not asking for any compensation from the company, but it would be good if they took what happened seriously.

Regards