Facing False Accusations and Legal Threats After Resignation: How Should I Respond?

I have joined one organization for a brief period of 1 month and 5 days. They issued me an offer letter, not an appointment letter, where there was no mention of a notice period. According to the offer letter, I am on probation for the first 6 months. In the offer letter, they have written that they will pay me for any short notice period served by me to my previous employer and provide me with a flight ticket for joining and cover my relocation expenses. I accepted the offer letter and joined.

After joining, I claimed the interview expenses, short notice period pay that I had already incurred, and joining expenses. Now, after resigning, they are demanding that I return the entire amount along with the basic salary, or they will file an FIR. They also claim that I have stolen information/files, which is not the case. I am in a great dilemma about what to do. Please help, as I have to send a formal legal reply to their notice within a short period.

Hi,

Firstly, why did you leave the company in one month? Did you have problems with the organization or are you just a job hopper? Employers spend thousands of dollars on recruiting one person, let alone the time and energy they invest, believing that he/she would bring profit to the company. But if the employee leaves for no apparent reason, do you have any clue how much loss the company would have to bear because of that?

You are worried about paying your expenses back, but have you thought about those thousands of dollars your employer must have spent on recruiting you? One such expense is your salary for this one month, five days alone. Anyways, if you have a valid reason to leave, then check your policies manual. If it states that reimbursed expenses should be paid back, then you can't do anything about it. But if nothing of that sort is mentioned, then they can't do anything about it.

I am fully concerned about what you have said, and I appreciate your feelings. However, this company has not kept its promise as per the terms of the offer letter regarding salary. They stated that 10% would be deducted from your salary as retention, but in reality, they deducted almost 30% (in addition to that 10%), citing that although it was mentioned as a monthly salary in your offer letter, you would receive this only after serving the company for 5 years. There was no HR Manual for the company at that time as they were finalizing it. I am not a job hopper. This job is also in a different location. I have tried to adjust, but I failed to cope with the adverse working conditions. My health deteriorated, and they are fully aware of that.

What bothers me the most is that they are accusing me of stealing vital information, even though they know it is not true. I have never experienced such things in my career. That is why I need some help.

Hi Prithwis,

I guess you are in the wrong place. I would humbly suggest not wasting time in arguing or getting into any legal issues. You just need to forget the experience like a nightmare and move out of the situation tactfully (not paying the amount). I am sure you are a professional and will find a way out to deal with this particular situation. Henceforth, always carry this lesson in your life. Do a little check before accepting or joining any organization.

All the very best, may the Lord be with you and get you out of the situation at the earliest.

Regards, M.T

Hi,

I am basing my response on what you have mentioned. This should not be construed as legal advice - especially since I am an HR professional, not a lawyer.

I assume you still have the original offer letter where all these terms were mentioned. If so, please approach a lawyer specializing in these cases and take his advice.

I am assuming that this company also doesn't pay PF or follow statutory norms. Please check this and accordingly, inform the company that they will be taken to the Labour Court.

Lastly, I would like to concur with M.T. - forget them and go find another job. Do a check before joining any organization. I would also agree with Deepthi Reddy's comments and remind you to check the terms of your letter clearly with your legal counsel prior to taking any action. Organizations that buy notice periods tend to recover this expense if the person leaves inside 1 year, never mind 1 month. Recruitment expenses for travel, on the other hand, are not recovered by most good (read as forward-thinking) organizations.

All the best to you.

Regards,

Ryan