Feeling Trapped: Can My Employer Really Sue Me for Not Completing a Project?

I am an employee of a company for the past six years. I have resigned from my company and served the notice period. However, my company head does not want me to leave and delays every process, including the work handover. Now that the notice period is completed, he is still telling me that I didn't complete the project and didn't do a proper handover. At the same time, the company and the legal team threatened to file a case against me and demand all the money given to me because it is investors' money. They claim that the projects I have done are not worthy enough and acceptable to them. They are also blaming the founder/CEO for this. I don't know whether this is a ploy against me to retain me. Please advise on under what circumstances the company can file this kind of case against an employee.

Dear AK Singh,

You have written about how your manager is not allowing you to quit employment even though your notice period is over. However, from what you have written, it appears that your manager is not satisfied on two counts: the quality of work and the completeness of work.

After submitting the resignation, you and your manager could have sat down and decided on your responsibilities until your last working day. The lack of clarity has put you in a difficult situation.

When leaving a company, it is important to depart on good terms. Therefore, have a meeting with him to understand his expectations. At the same time, provide him with proof of the work you have completed during the notice period.

If a satisfactory resolution does not arise from the meeting, escalate the matter to the Managing Director. In your communication, clearly outline what your deliverables were and how you have fulfilled them.

Try to find a resolution with the situation in mind that employers typically have the upper hand.

Personal feedback: The quality of your writing needs improvement. Professionals do not tamper with grammar.

Thanks,

Dinesh Divekar

Thank you for the response. My current company is a startup, and the company's CEO is my direct boss as he leads the research team. After my official notice period ended, I continued to work for an additional month to complete all pending projects following his verbal confirmation of the work's completion. Upon leaving the office, he assured me that he would settle the two months of pending salary and provide all necessary relieving documents. He also delegated all my projects to another employee and requested me to assist in familiarizing them with the projects.

Despite my numerous calls and emails, he informed me that there were still some improvements required in the projects that were not evident previously. He now insists that I return to the office for a few weeks to address these issues. I declined the request and questioned the assurance that he would settle all outstanding dues and provide essential documentation if I were to make the corrections to the projects as per his specifications.

It looks like this is a last attempt to somehow extract more work from you. The talk of unsatisfactory work and incomplete work is only to exert pressure on you. The fact that there has been no adverse communication until the notice period is over, and thereafter all this talk, clearly indicates that it is an afterthought. You need not worry unduly about the threatened legal process. Any reasonably good advocate will be able to defend you properly.

In case your original testimonials are with them, they may not issue them and your relieving order so easily. You may have to follow up with them for some time. If everything fails, you may also threaten legal proceedings in the matter and submit an application to the Labour Officer of your area for intervention and help.