Urgent Resignation for Family Health: Can My Employer Legally Pursue Me for Notice Pay?

Hi Team, I left my job immediately due to my father's health situation because I need to take care of my dad. Initially, I submitted my resignation for 1 month, but HR informed me that I would have to serve a 2-month notice period. I tried to discuss this with my manager, but he was very upset about my resignation and was not interested in speaking with me. I didn't appreciate this, so I emailed the company about my immediate resignation. In my resignation, I mentioned my unforeseen circumstances and Full and Final settlement (FNF), and I handed over all my assets to the company employee, informing him that I am leaving the company immediately. They did not provide me with any appointment letter, and in my offer letter, they mentioned a 2-month notice period without specifying any compensation regarding notice pay. They also threatened me with a legal notice.

My question

Should I pay the 2-month notice pay amount, or can they send a legal notice related to an absconding case?

Dear Rajat Kumar,

You have written about your sudden separation from your organization. However, you have not mentioned your designation or the length of service you had with the company.

Notice Period Discrepancy

You mentioned that the condition of serving for two months after resignation is stated in the offer letter but not in the appointment letter. How did this opposite scenario occur? Additionally, you noted that the consequences if the notice period is completed were not included. Therefore, this provides some relief for you.

Legal Threats

You mentioned, "And they threatened me for a legal notice." Did you inquire with the company authorities about the specific act or law they intend to use for legal action against you? If the company authorities threaten you again, request them to cite a specific paragraph or clause of the act.

Impact of Sudden Resignation

You made the decision to quit your employment abruptly. It would have been beneficial if you had considered the disruption caused by your sudden absence. The company authorities must continue their operations; they cannot abruptly shut down the company when employees depart suddenly. While fulfilling familial responsibilities is crucial, it should not supersede the organization's needs that provided for you until recently.

Salary and Employment Certificate

Regarding your salary, it is uncertain whether the company will pay you until your last working day. However, they may withhold the issuance of the service-cum-employment certificate. Beyond that, they may not take further action. Nevertheless, this is a price that must be paid.

Thanks,

Dinesh Divekar

You have suddenly left the employment without serving the notice period. Now the employer is threatening you with a legal notice. Since it is mentioned in the offer of appointment that you have to serve a two-month notice period and you have accepted it, it is binding on you, though there is no appointment order issued as such. I presume your firm covered you in PF; if that be so, I strongly advise you to settle with your employer and try to bargain for the best deal.

Divesh, he said he didn't get an appointment letter, so I think the 2 months' notice stated in the offer letter is still valid. The legal action he is talking about is for not completing his notice pay, which I think is within the rights of the company. Whether they will actually do it or not.