Facing Legal Threats from Former Employer: How Should I Respond to Their Demands?

Hi all, I have explained my situation previously in the threads; however, now my employer has sent me a legal notice. I was terminated via email on 22nd May 2017 for following up too much on the last date. However, I was going to work every day, doing my work as usual, and even completed my KT before time. I left my city on 2nd June 2017 as I was moving to another city and did try to speak with my previous employer by going to his office. I had to wait for 7 hours, and still, there was no response. I have recently received a legal notice a week before with the electronic notice dated 23rd May '17, stating that as I left the company without serving the full notice, the company may incur losses amounting to 50 lakhs. They are demanding that I pay this amount as compensation, even though they terminated me.

After sending the email, they emphasized that they sent the notice through mail, but it was returned as I wasn't there to collect it. However, I have given them my new address for the Form 16 to be mailed to me. Now, he has sent another email to the HR, keeping me in CC, instructing them to contact the local police station and all the contractors, as well as my new company's HR about it, as I hadn't replied to the email. Although the email stated that I had 3 weeks to reply, it has only been a week since they sent me the email regarding the notice.

Kindly advise on what I should do.

Dear Writer, From the above points, I am not very clear on what exactly has happened. You need to provide a few more details:

1) Have you resigned from the company or been terminated?

2) If you have resigned, what is the notice period required to be served as per your appointment letter?

3) How many days of the notice period have you exactly served?

4) Does your contract letter have a clause regarding surrendering any amount against the notice period?

5) Was your resignation accepted, and if yes, have you received an acknowledgment?

6) What was your designation/profile and salary scale? What was the basic salary as per the salary slip last withdrawn?

Please clarify the points above, and after that, we would be able to assist you.

Hi Harpreet, thanks for your help!

For clarity:

1) Have you resigned from the company or been terminated?

I resigned initially; however, I was terminated via email with nothing as a hard copy, though I have a soft copy of the same.

2) If you resigned, then what is the notice period required to be served as per your appointment letter?

As per the appointment letter, the notice period was for 60 days.

3) How many days of the notice period have you exactly served?

I served 31 days of the notice period until I was terminated.

4) Does your contract letter have a clause for surrendering any amount against the notice period?

No, as per my contract, it was non-negotiable and non-purchasable.

5) Was your resignation accepted, and if yes, have you taken the acknowledgment?

Yes, my resignation was accepted, and I do have the acknowledgment email.

6) What was your designation/profile and salary scale, and what was the basic salary as per the salary slip last withdrawn?

I was working in the managerial post (Service Delivery Manager), and the basic component of the salary was 56,000.

Hope these points give a clearer picture.

Hi Sunil, thanks for your concern. I do understand that answering anonymous queries can be difficult; however, I am a bit concerned before I reveal my identity.

Employer Misconduct and Legal Rights

Your employer, in the circumstances described by you in your Cite HR posting—which should be accurate fact-wise—is indulging in intimidation, coercion, and using unfair means to malign you and cause mental anguish. These actions, by any legal norms, are illegitimate, unlawful, and humiliating. They are likely to affect you mentally as well as physically and amount to harassment, besides trampling on your fundamental rights to a) life with dignity and b) right to livelihood.

Legal Rights and Disciplinary Action

In the case presented, your employer had legal rights and the prerogative to initiate action strictly in accordance with the provisions of the service rules or the certified standing orders applicable to you by way of disciplinary action. This should involve specifying the acts of misconduct and allowing you all reasonable opportunity. As you narrated, the action is arbitrary.

Seeking Justice

Impress upon your ex-employer in writing and seek to secure justice. The issues need to be resolved amicably for the benefit of the employer as well.

Regards, Team Kritarth

Email: [Email Removed For Privacy Reasons]

Website: Home | Kritarth Consulting Private Limited

29.6.17

I do agree with the above comments. However, if it was a termination case, then it doesn't require any notice period to be served upon. You didn't mention the reason for termination, and if the notice you have received is in line with the reaction to your termination cause, then it needs to be understood legally.

I recommend you talk to them over the phone, understand the issue, and settle it. If it doesn't resolve, seek help from a legal practitioner and make a reply.

Dealing with an Ex-Employer's Bullying

1. Your ex-employer is trying to bully you, so do not succumb to the bullying.

2. Your services were terminated by your employer after you had submitted your resignation and partly served the notice period. I hope your employer never gave you the acceptance of the resignation. Therefore, your version should be that your services were terminated.

3. Here, your ex-employer is under obligation to indemnify you by paying the amount of notice to you since they have terminated you.

4. Your employer legally cannot do anything against you except for harassing you, subject to the condition that you have not done something wrong but not shared here.

5. The termination/resignation clause in your appointment letter is unreasonable and illegal as it is not even.

6. You need to contact a good advocate who handles service matters of such type; take their help in responding to your ex-employer.

7. Please do not write anything on your own as you may enhance the quantum of trouble.

Hi Bharat, thanks for your help! The reason for my termination is unknown to me, as I never had a one-on-one meeting with HR or the MD regarding this matter. I was terminated via email after working hours when I came home. The reasons mentioned were gossiping, a casual attitude towards work, and not following up on my last working day. I challenged the termination by replying to the email; however, to date, no one has responded. When I call, they don't pick up, and they don't allow me to meet when I go to the office.

It has nothing to do with the termination reasons; the reasons mentioned for termination in the email were:

1. Not serving the notice period: Though I was going to the office every day since I resigned.

2. Indulging in gossip in the office: I don't even know where that came from because I never had any meetings or talks about it before this email came across.

3. Casual attitude towards work: I had finished my KT on time as asked and was promoted twice in 2 years of my tenure in the office.

4. Irregular attendance: At the time of termination, I had 15 leaves pending, so again, I don't know where this came from.

The notice has been given on the basis of a breach of contract:

As I didn’t serve the notice period, there was a project that came after I resigned and had completed the KT, and they needed my assistance over it. Due to this, the company may face losses up to 50 lacs, and hence they are asking for recovery. In the notice, they haven’t mentioned anything about the termination.

In the notice, they gave me 3 weeks to reply; however, in a week itself, the MD replied to the email on notice, keeping me in CC and addressing the HR and the legal head to contact the nearest police station to file an FIR, hire an attorney to file a civil suit, and also contact all the rating agencies to get my new address and contact my new company’s HR about it.

Though I have given them my new address a month before when I did the investment declaration.

Should I be thinking of putting a criminal suit against them?

I have already advised you to contact a good advocate to discuss the matter with him.

Hi Poorva, after reading your comments, I am certain that the employer is attempting to harass you. In reality, they have no legal grounds to do so. I suggest seeking advice from a good lawyer and responding to their notice with accusations of harassment and mental distress. Then, await their response.

If they decide to take this to court, they can, but you have not committed any criminal offense. Police involvement in this matter would require their personal initiative rather than legal grounds. Therefore, there is no need to worry. Simply respond to their notice.

Hello seniors,

Just one question: can an employer terminate an employee who is already on notice period? I think one should lodge a criminal complaint against the employer for harassment. I mean, when she is serving the notice period, then what's the point in terminating such an employee? The employer can just relieve her earlier.