A person joined some other IT company, without informing the previous comapny.

Hello Everyone,

I have a query, Kindly share your valuable suggestions and opinions after reading the case.

There is a friend of mine, who worked in an IT company for almost 1 year. He doesn't receive and offer letter, joining letter or appointment letter from that company, nor he sign any contact with that company.

After one year, he took long leave(5 months) due to some personal work , which the company suggest to take those leaves as they said that if he takes leaves in between the months that will hamper their work.

He handover the KT to the respective team member and all ID's and Password before leaving and informed the authorities also.

In between after 2-3 months he faces some financial problem and joined some other IT company for part-time work.

He informed about this the first company and now they send a notice claiming that as per agreement he he have not served the notice and also because he joined some other IT company they lose their some clients and faces a lose of 6 lakh. But he never sign a contact nor received and joining or offer letter from the company there is no proof that he worked in that company.

Kindly give your valuable opinions, how he can handle this matter.

Thanks

What documentation does he have in support of the above?

That he was allowed to go on 5 months leave
That he was allowed to work for someone else
That he was actually relieved (as opposed to absconded)

Hi Saswata Banerjee,

He received a notice claiming that he have not served the notice and informed late to the organisation about his joining in other company.

They are demanding 6 lakh, as they claim that due to this they have a lose of 6 lakh.

But in reality they don't have any signed document in which both are parties are agree on the teams and conditions related to his employment in the company.

That company not issue any offer letter , appointment letter to any of his candidates nor a confirmation mail of their joining.

As per my observation there will be no claim, they does not have any proof that he worked in that company.

They have face to face meeting also and he also apologize for his mistake as he was not informed by the company at the time of joining about the teams and conditions that he can't join any other similar company.

I am sure they have evidence he worked there, as they would have paid his salary.
What documentation does he have that he left with proper handover and they agreed to him taking 5 months leave?

Can you share a copy of the notice?

Yes, they agree with 5 months leave and they give salary in cash only.

You don't understand my question perhaps, Mr. Dinkle

How did they agree?
Was there an email? Letter? All oral?
what did the notice actually say?

When he informed them he was joining another company, how did he do that?
Again, orally? mail?

Based on what you have said above, I would say that he can ignore the notice or simply write back that he never worked for them. Or I would say in fact, take the notice to a lawyer and ask him what should be done

Every communication is oral.

Nothing in writing.

Then, simply tell them I never worked for you.
and ignore the notices.

Thanks, Saswata Banerjee for you guidance.