Terminated via SMS and Facing Legal Threats: How Should I Handle This Unfair Situation?

Dear Sir,

I was working as a web designer in a small software company. I signed a non-disclosure agreement. The company did not provide an offer letter but fixed my salary at 5500, which was then increased to 8000. I worked there for five months. The company's official working hours were 9 hours, but they expected me to work 10-12 hours per day. I raised this issue six times, but it kept happening repeatedly. Consequently, I informed them that I could no longer continue working under such conditions. I planned to submit my resignation letter the following month and leave the company. However, the next day, I received an SMS stating that I had been terminated from my job. Two days later, they requested my ID card and the salary they had given me. At that time, I had received 8000, but the SMS mentioned a reduction of 5500, leaving a balance to be returned. They threatened legal action if I did not comply.

Please advise me on what to do in this situation.

Thank you.

Hi Friend,

I think SMS is not a valid way to terminate any employee according to the law. Since you have signed a document, you need to go according to it, and of course, not having an offer letter means you won't have the main required proof.

More than this, I don't have much of an idea about this matter. Others, please give your views on the same.

Regards,
Amith R.

Hi,

To take legal actions, formal proof should be there. Don't worry. Our seniors will suggest you on this regard.

Regards, Indra Priyadharshini

Do not worry. No legal action can be taken against you. As such, there are no proper grounds according to the law in India.

After analyzing the problem you presented, it appears that they would not be able to take legal action against you as per the laws of India.

Did the company issue an appointment letter? If so, what are the terms of the agreement regarding termination? There must be a notice period, and otherwise, there must be other provisions in the agreement for terminating employment, such as contravention of any conditions relating to employment or misconduct, etc.

Terminating employment through SMS is excessive and has absolutely no legal validity. Before surrendering the ID card, you can insist on official communication. The threat of initiating legal action is just a paper tiger. Don't be afraid of that. However, your statement of facts lacks details.

Thank you for the reply. Company has not given an appointment letter, but they have mentioned that I need to provide the relieving notice from my previous company before they can issue the appointment letter.

Can that company take any legal action against me regarding this matter? If it does happen, what should I do?

Hi,

First of all, termination via SMS is not valid; it should be properly documented as mentioned in the appointment letter. Now, as you are saying you don't have the appointment letter, then leave it; they can't do anything. If they call you, ask them to provide a proper termination letter.

Thanks,
Manish

Hi,

Don't worry, they can't do anything as they have not issued the offer letter. Do not work with any company if they are not providing you the offer letter/appointment letter. If any company is working in that way, it means that they are unprofessional. Even if something happens to you, you will not have any proof to ask the employer.

Take care.

Saritha

Hi,

I agree with Sarita. If there is no appointment letter, they can't take any action. Otherwise, if they threaten legal action, request the termination letter, which they cannot provide. If they do provide it, they cannot terminate you via SMS as it is illegal. If they do not provide it, they also lack proof for any legal action. So, do not be afraid of such threats.

If they offer you a second chance to rejoin, simply inform them that their organization is not conducive to good human relations.

Thanks,
Tarun

Hi friends, good day to all.

I saw the query above about how an employer can claim a candidate as an on-roll employee when no appointment letter has been given to the employee. It seems ridiculous. You mentioned that you signed a non-disclosure document. Please clarify if you found any specifications regarding appointment, contract, or termination in that document. If not, then never mind, there is nothing that employer can do. Just stick to what you have decided.

Oh, I forgot to ask you about something. Did you receive a salary increment? Have you received any order counter-signed by you? If so, please reply.

Regards,
Ram

Unless and until you were recruited based on an offer letter or an appointment letter accepted by you, there is no legal commitment from you to the company. Then, don't make any repayments. They simply can't take any legal action. If they do anything, email me; let us see what can be done as per NHRC regulations.

Regards,
Keshav

Have you received your appointment letter? Check the terms and conditions. As per my guess, bonded labor is not legally correct. Anyways, don't worry.

Every month, I have only received a signed salary voucher. They didn't give any increment order. They said they would increase my salary up to 8000 and displayed it on the notice board. The following month, I signed a voucher for Rs. 8000. Then, like in all companies, I signed a Non-Disclosure Statement.

I would like to thank all the good people like you who guide us.

In the Labour Act, it is clearly specified the number of working hours, and the same is to be exhibited on the premises. If you are working 9-12 hours, you are entitled to overtime. When working late hours, the organization should obtain permission, and facilities should be provided. Additionally, your salary register should contain more details. The wages paid to you should be in accordance with the contract of employment. Your SMS is not a valid document. You can send a resignation letter mentioning all the allegations and stating that you are not interested in continuing, sending it by RPAD. Following this, arrange a meeting with the Labour Officer in your location. This is a safe and comfortable process to handle this issue.

Kind regards,
GK

Hi Dear,

They cannot take any action against you from a legal point of view. Bonds and agreements are made just to mentally harass people.

Regards, Rajeev Pandya Human Resources

Dear Donit,

Since there is no appointment letter or offer letter, there are no terms and conditions of appointment as such. So don't worry, they cannot take any action against you. They are just trying to push you into a corner. The very fact that they sent such an SMS and have not issued an appointment order indicates what an unprofessional organization (if it can be called so) it is. In fact, based on the SMS, the company could get into trouble. However, you must take such things into consideration when you take up your new job.

But remember, today any company you go to may expect you to work longer hours than mentioned, except that professional companies may pay/compensate for the extra hours worked.

All the best,
Kirti

Dear,

This is not valid at all.

First, you need to check the number from where the SMS came. Then you need to ask them who sent this SMS and on what grounds. In case they tell you that it is official, tell them you won't accept it until it is in writing and on paper.

Second, even if you don't have an appointment letter, what was the mode of salary payment to you? In case that was through a cheque, that is enough ground to prove that you are/were an employee of that organization. In case it was in cash, they must be getting some receipt signed from you.

You can go to your office and ask them either (a) to let you work (which you definitely won't want now) or (b) provide you with a relieving letter or you would take them to court (tell them you have already hired some lawyer). Try to be harsh and professional with them. You need not worry as they can't do anything to you. Your case is strong, and you need not pay a single penny to them.

Hi
First of all you don't have to worry.
Since they didn't give you any offer letter, appointment letter and you told that you are getting the salary through voucher it means you were not on the rolls of that company. So they can't take any legal action against you.
If you would not sign that agreement then at that time your situation will be like a person who comes in company to repair the photocopy machine gives bill take his payment through voucher and goes away.
SMS is not a valid way to terminate, dispense of suspend any employee.
And the question of give them refund of Rs. 2500 (8000-5500) is really ridicules when you are not a legal employee of the company when u r not the rolls of the company then why should you refund the money?
They can't do anything against you.
They are saying all these things to you just to create the fear so that you'll not leave and stay.
Regards
Sushma

First of all, if an employer has not issued any appointment letter, then they cannot demand any notice pay and cannot deduct any amount from your full and final payment. In this situation, you have received a termination message by SMS. Please confirm the mobile number and inform the employer that if they do not pay the termination-related benefits, such as notice pay, you will file a complaint at the Labor Office. Your case will be governed by the state Shop and Commercial Act and the Industrial Dispute Act.

In any circumstances, your last employer cannot file any complaint at the police station, and the police will not be able to take any action for the recovery of notice pay or salary.

Regards,
Saumya

As to the legality within the Indian system of law, I'll let others comment. My comment is focused more on the quality of the employer that would terminate an employee by SMS.

Several years ago, I wrote—in this forum, I believe—about the morality of any company that would terminate an employee by email. Now, it seems we have progressed to termination via SMS. Terminations are events that should be conducted personally, by a supervisor, in a setting where the full explanation and next steps should be explained.

When the subordinate leaves the setting, there should be no question in his or her mind as to 1) the reason for the termination, 2) the next steps in the procedure, and 3) what expectations both parties have about severing the relationship. Those issues certainly aren't covered by an SMS message stating:

"UR FIRED. HAVE A NICE DAY."

Alan Guinn The Guinn Consultancy Group, Inc.

Mr./Ms. Donisoft

FACTS

No company can terminate your services via an SMS.
No company can pay you a salary and then demand its return.
No company would dare to take legal action that would be detrimental to them.

ADVICE

1. Run away from this company as quickly as possible. Seek employment at a more reputable company.
2. Please consider enrolling in an English speaking and writing course to enhance your language skills, which will open up better job opportunities.

ALL THE BEST

Riyaz

Hi,

Don't worry. These companies are just not employee-friendly. They always try to ditch you, only verbally, not legally.

Take care,
Gaurav

Friend,

I feel a company cannot take any legal action against you. No one can terminate you through SMS as SMS is not a legal proof. There is no written agreement between an employee and an employer.

Nikhil Kumar

Forget it,
No appointment letter,
No offer letter,
Why worry about that?
Look out for a new job.

Dear all,

It seems to me that the appointment itself was not valid. However, I understand that no action can be taken against him. How will this incident affect his future attempts to find a job? Nowadays, companies do reference checks, and this employer can create some difficulties. What should be the approach of this person when searching for a job?

Grateful for the views on this.

Surendra

Dear,

Don't worry! The company cannot take legal action against you. Furthermore, they cannot reduce the salary like this. Moreover, SMS termination is not allowed by law.

It's better that you search for a better job and leave the company where professionalism is not followed. Regarding the SMS issue, you can talk to your company's HR and inform them that you are aware of the law. But don't spoil your relations with the company officials.

Thanks,
Amit

If you are threatening someone, SMS is a valid proof. If you are appointing someone or terminating someone, especially when you have not received a proper offer or appointment letter, SMS is not a legally accepted proof.

Regards, Sanjeev

Hi,

Don't worry. No one can take action against you. Do you remember if you have any signature on office files or documents? You can show that proof if they take legal action against you.

Goodbye

Dear [Recipient],

Since you have already sought advice from a lawyer, it is advisable to document all the occurrences and demand retrenchment compensation equivalent to one month's pay along with your relieving letter. Please do not concern yourself with the appointment letter; when a legal notice is issued, everything should be in your favor. Kindly authenticate the SMS with your service provider, save the message, and share it with your friends. Additionally, mention your legal notice in response to the SMS.

With regards,

V. Sounder Rajan
VS Rajan Associates
Advocates & Notaries
No. 27, 1st Floor, Singapore Plaza
No. 164, Linghi Chetty Street
Chennai - 600 001
E-mail: rajanassociates@eth.net
Office: 044-42620864, 044-65874684
Mobile: 98401 42164

Hi,

Can you tell me whether you have any other proof such as payslips, any letter/email of communication regarding work? It may help to justify your case. In case you do have any such communication, please forward it to your personal email id.

I hope this will help strengthen your case. Next time onwards, please maintain necessary documentation for offers/appointments/promotions.

Regards,
Shyamali

Dear Friends,

I agree with all your opinions, but there was a valid point made by Mr. Surendra. At the same time, how will the experience be calculated in these kinds of cases? Even if the candidates say the same thing happened to them, what about the genuineness? How should an HR deal with this situation when technical people are impressed but the candidate has no documents of earlier experience? So in these cases, how should one proceed with the candidate?

- Santoshchavali

Hi,

Since you haven't yet signed the appointment letter in agreement and returned the copy for their records, it shows that you have not lawfully entered into any contract with them. Sending a termination through SMS is not valid as per the law. They need to show the reasoning and provide you with proper intimation for improvement.

Thanks,
Mona

As the company has got the agreement signed by you, they are bound to give you an offer letter and appointment letter when you join, as they have not provided them legally. They cannot file a case against you, but if they do, they would be at fault. In this case, you would be benefited. If you want the experience letter and relieving letter from them, then you have to find a way to obtain them. However, if they are asking for the return of salary, it is your decision as you are not legally bound to them.

Sunil Bist

Hello dear,

There is no problem at all. Be happy and don't worry. Keep your efforts for searching the next job. They cannot do anything against you as they can't sustain their claim. They need to prove their claims; for this, they need any legal document, kind of bond, or anything that makes it worthwhile. Above all, this is a company, and if they take such a step, then their own reputation will be at stake.

Remember, the law is there not only for the employer but also for employees as well.

Now, what you need to do is go to bed and have a nice sleep :)

Regards,

Hasan

Moreover, even if you beg them, sir, please go and make the charge against me at court. I will be highly grateful to you. Please do this. They won't do it; they can't do it, as I mentioned above in this post.

Regards, Hasan

Hi Friend,

It's really unfortunate that you received termination information through SMS. They are just trying to exploit you. They can't take legal action. If they do, you have proof of the termination SMS, which you can use to take action against them.

Anyways, our labor court may not be strong enough. It's best to leave it and search for a good job. Also, make sure to learn about the company before joining.

Thanks,

Pallavi

Hi,

Please go through the article below. I guess it's worth reading for you.

Thanks and Regards,

Indrani Chakraborty

Beware, SMSes can be planted

17 Nov 2007, 0324 hrs IST, Kartikeya, TNN

MUMBAI: An electrical engineer successfully demonstrated in court on Friday how it would be possible to modify an SMS and load it on a mobile phone, thus adding a twist to the trial in the Pramod Mahajan murder case.

The drama unfolded in the chamber of a Mumbai sessions judge, Srihari Daware; Pune-based engineer P. Harikrishnan showed the judge that it was possible to transfer an SMS from a cell phone to a laptop, alter it, and send it back in the modified form to the same phone.

Pravin Mahajan, who is currently facing trial for murdering his brother, BJP general secretary Pramod Mahajan, had called for Harikrishnan's testimony to prove that a threat that Pravin is alleged to have sent Mahajan by SMS a week before his murder could easily have been fabricated and planted in the senior Mahajan's phone by the police.

Harikrishnan came to court armed with a Motorazr cell phone of the same make as Mahajan used at the time of his murder, plus a laptop and a data cable.

He then went through the motions of altering the content of a test SMS on a laptop but failed to transfer it to the phone. Heated arguments then broke out between defense advocate Harshad Ponda and prosecutors over whether the demonstration could be termed a failure or not.

Ponda said that Harikrishnan had not been given a fair opportunity and asked judge Srihari Daware to give him some more time to complete the task at hand. However, special public prosecutor Nitin Pradhan insisted that Harikrishnan was not an expert and was only wasting the court's time.

The court met again after a recess of an hour, and Harikrishnan was given 15 minutes to alter a particular line of an SMS that read, 'That's because best like you are already mine', to 'Who says you are known by thy your company'.

Harikrishnan clarified that he would not be able to include the words 'your company' in the altered SMS as they exceeded the byte size of the original SMS. Watched closely by media persons, who packed the judge's chamber, Harikrishnan carried out the demonstration while explaining the whole procedure to a court official who recorded it as evidence.

He then handed over the phone to Judge Daware; the second time around his efforts had indeed been successful. The altered line read, 'Who says you are known by thy'.

Harikrishnan admitted that he had missed out on certain characters and not altered the line completely. He told Judge Daware what he had demonstrated was only the first stage of SMS fabrication. "In the second stage, using more advanced software, I can get rid of the limit on the byte size of the original SMS, and in the third stage, I can use even the Internet to send an SMS," he said. Harikrishnan will now be cross-examined by the prosecution on Monday.

Hi All,

I recently joined a training institute in Chennai in April as a corporate trainer. I informed them that I could complete 6 corporate training requirements in IT technologies per month. However, due to delays on the client side, I have been unable to meet these targets. Consequently, my employer has labeled me as an under performer and chastised me, citing my high salary of 25,000, and expecting results in every month.

I explained that if clients are not responsive, it becomes challenging to meet the targets. This led to a heated exchange between the CEO and myself. Following this conversation, I received a text message stating: "Stop your unwanted arguments and demonstrate your performance with tangible results. You must respond politely, and management will question you on your lack of performance, as they are compensating you based on your interview statements."

During the interview, I mentioned that I could close 6 trainings per month based on my experience of closing 10 in my previous organization over the past 2 years. However, due to market conditions, meeting this target in April was not feasible. I did not provide a written statement regarding this on any documents or through emails. Additionally, I have not yet received an offer letter from the institute, and my April month's salary was received on May 21st.

Today, I resigned via email. In response, the management informed me that email is not an acceptable medium for resignation in their organization. They specified that I must submit a written resignation to my manager, give one-month notice pay, fulfill all responsibilities, and only after receiving formal written approval from their side, I may seek another assignment elsewhere. They cautioned that any deviation from these instructions may lead to organizational action.

My queries are as follows:
1. Can the organization take legal action against me for failing to secure business and for the salary paid?
2. If so, what could be the severity of such legal actions?
3. What consequences might I face if I abscond from the notice period in terms of future prospects with this organization?

Dear seniors, please provide clarification on these matters.

Thanks and Regards,
SW

Hi SW,

It's really a bad experience that you have faced, but in my opinion:

a) This depends upon your appointment letter terms & conditions. Read them carefully.

b) If there is anything written about your targets, there is no need to panic. However, they will definitely deduct your notice pay.

c) They will issue you a letter of absenteeism and will strike off your name from the rolls. That's it.

Organization cannot take any legal action as you have not been given an offer letter. Also, termination via SMS is not valid.

---
If you need further assistance, feel free to ask!

As of now, they have not provided my offer letter. Today, they are asking me to submit notarized photocopies of documents (all my experience and educational documents) to provide the offer letter after one and a half months and also when the issue came into the picture. They have not even provided me any documents on terms and conditions regarding my target, and no policy document has been provided to me so far.

Please advise me on the following:
1. If I provide the notarized documents to them, can they take any action against me in this situation?
2. If I do not serve the notice period and leave the office without notice, can they take any action against me (I don't have any bond or agreement with them)?

Thanks,
Swchowdary

Hi,

Don't worry, friend. This is not a legal way to terminate any employee. They can't take legal action against you if they terminate you the wrong way. For the termination of an employee, the employer has to give notice in advance and a justifiable reason to terminate. So, be positive; after all, our laws are protective in nature.