Facing a Lawyer's Notice After Resigning Over Unresolved Designation Issues – Can I Sue My Employer?

Hi, I had an issue with my designation while joining a company, which I had highlighted to HR via email even before joining. I was promised that it would be changed when I joined (via call), but my joining date was the last day for the HR who recruited me, which I discovered the next day. Even before signing the appointment letter, I raised the issue, but HR convinced me it would be addressed and changed when the next set of employees joined.

I have been consistently following up with HR, but it yielded no results other than some empathetic dialogue. Finally, I approached my center manager, who had a discussion with the HR manager and the local HR. They justified my role change based on my experience. A few of my colleagues who joined with me have less experience but received higher designations. I was demoted from the previous organization's designation.

I have all the email communications as proof with the center manager and HRs. Even the local HR and center manager have recommended my designation change. To cover up the issue, the higher management HR VP has not responded to my request and their emails.

This process took more than 2.5 months, and still, there has been no response. I finally called off and resigned from my company, sent an email to all middle and higher management, and stopped reporting to work. After 6 months, they sent a letter to settle the dues and get the relieving letter, which I was not ready for. Now they have sent me a recovery notice from a lawyer. Kindly advise if I can approach the court to sue the employer.

Dear Gokul, the reason for your resignation may be justifiable. However, it is important that you should have fulfilled the conditions of exit upon resignation stipulated in your contract of employment. Resignation becomes effective only when it is accepted by the employer. To accept the resignation, the employer will assess whether the employee is prepared to complete their notice period obligations, repay the cost of training if any incurred by the employer as agreed, etc.

If you resign under protest and cease reporting without waiting for the acceptance of your resignation and formal relief, the employer has two options. One is to treat your absence as abandonment of service, initiate disciplinary action, and ultimately dismiss you from service. The other option is to formally relieve you by accepting your resignation after collecting the dues as per the contract of employment. Therefore, bear in mind that you are only at the receiving end due to your hasty resignation without its acceptance.

Thank you.