Can My Old Job Take Legal Action Over a Notice Period I Can't Serve? Seeking Urgent Advice

Job Offer Discrepancies and Notice Period Concerns

If I received an offer letter stating a 45-day notice period, to which I responded by accepting the offer. However, upon starting the job, I found the job profile to be significantly different from what was discussed during the interview. The offer letter mentioned fixed shift timings from 09:00 to 18:30, with no mention of working beyond these hours. Despite this, I was required to work until 21:00, resulting in a 12-hour shift starting from 09:00, leading to health issues.

I was also informed that I would have the 2nd and 4th Saturdays off, which did not happen. Due to these discrepancies, I decided to leave the company without formally resigning and informed my immediate supervisor that I would not be returning to work starting the next day. My last working day was May 11, 2018. However, today I received a letter from the company demanding a 45-day notice period, threatening legal action or payment if not complied with. I am concerned and seek advice on what steps to take.

Legal Concerns and Next Steps

I am unable to serve a 45-day notice period as I am slated to join a new company on June 27, 2018. Can the company take legal action against me based solely on my acceptance email? I never received an official appointment letter nor signed any document outlining termination or resignation clauses. Your urgent guidance is greatly appreciated.

How long did you work in this company? Are you in need of relieving documents?

As per you, there is no documentation about the notice period, and they have not given appointment orders. The company cannot succeed in legal actions against you. They really have no grounds for criminal or civil action. Have you told the new company about this company employment?

Dear Nathrao, I worked for a very short period of time from 2nd May 2018 to 11th May 2018. No, I don't need any relieving documents. Yes, correct, a proper appointment letter was not issued to me at all, mentioning the resignation and termination clause, and I have also not signed any such documents wherein it was mentioned that in case of separation at any point in time, the employee will have to serve a notice period of 45 days. If not serving the notice period, the employee will be liable to pay 45 days' salary to the company, and failure to do so, the company will have the right to take criminal/legal action against the employee. The only thing that I am worried about is that in the offer email which they sent me, it had two attachments wherein in one attachment, small details were mentioned about the working hours, leave policy, probation period, notice period, etc., and in the other attachment, the salary breakup was there. I just replied to that email writing I accept the offer, so I just wanted to know whether on the basis of that trail mail, can they take legal/criminal action against me, which they are threatening me to do so and also threatening me that they will publish all this in highly circulated newspapers. I am really worried by this threat they are giving me. Kindly advise what I should do as I don't want all this mess to affect my new employment in any way. Kindly help and advise ASAP.

Kindly check the attached document that they sent me while releasing the offer to me for your reference.

Thanks and Regards, Salman Shaikh

Annexure makes it clear about the notice period. One cannot say he is unaware of the clauses. By signing the acceptance and joining duty, you have impliedly accepted the terms and conditions. Probably you need to consult a lawyer to advise you as no one can say whether the company will initiate legal action against you.

Dear Nathrao,

I have not signed anywhere or anything. I just replied to the email that I accept the offer, that's it.

Thanks and Regards,
Salman Shaikh

There is an implied acceptance of the offer when you worked for 8 days. The firm can create trouble if they want. The mail is clear about the notice period. Anyway, the decision is yours. We can only suggest based on the info you have given. By the way, the links and info you have given are based on US law, and Indian law differs in many ways. All the best.