Dear Experts,
I need help on one matter. I joined a private limited company in Mumbai and worked there for 9 months. At the time of joining, I signed an offer letter.
When I joined, after some days, the HR manager sent me a detailed Appointment Letter with 2 copies, out of which one I had to sign and return to the HR manager. However, I forgot to return it, and both copies of the appointment letter are still with me. Even the HR manager forgot about it and never asked me for the signed copy.
Now, I have received an offer from another company and need to join immediately. I resigned from my current company without giving a notice period, offering them my one-month salary in lieu of the notice period. I immediately quit my current job and joined the new one.
After joining, I received a Legal Notice from my former employer, asking me to show cause for breaching the employment contract and to resume duty or pay a penalty of Rs. 30 Lacs.
Legal Implications of Not Returning the Appointment Letter
Please help, can my previous employer take any legal action against me in the absence of my signed appointment letter?
Please help. Sorry, I am under pressure and need urgent help or advice.
Regards,
Rajesh
From India, Mumbai
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I need help on one matter. I joined a private limited company in Mumbai and worked there for 9 months. At the time of joining, I signed an offer letter.
When I joined, after some days, the HR manager sent me a detailed Appointment Letter with 2 copies, out of which one I had to sign and return to the HR manager. However, I forgot to return it, and both copies of the appointment letter are still with me. Even the HR manager forgot about it and never asked me for the signed copy.
Now, I have received an offer from another company and need to join immediately. I resigned from my current company without giving a notice period, offering them my one-month salary in lieu of the notice period. I immediately quit my current job and joined the new one.
After joining, I received a Legal Notice from my former employer, asking me to show cause for breaching the employment contract and to resume duty or pay a penalty of Rs. 30 Lacs.
Legal Implications of Not Returning the Appointment Letter
Please help, can my previous employer take any legal action against me in the absence of my signed appointment letter?
Please help. Sorry, I am under pressure and need urgent help or advice.
Regards,
Rajesh
From India, Mumbai
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As you said, you did not give back the signed offer letter. Have you signed any other letters? If yes, what are those? Do you have any proof of your resignation, like an email or acceptance of resignation, and proof of the submission of salary in lieu for the notice period? (Probably this will be with you as you could have it by Demand Draft or Bank account transfer and not by cash).
Gathering Evidence and Verifying Documents
If possible, get the recruitment and exit policy of the company through your trusted friend from the old company or get the copies of the so-called proofs of document of breach of employment from the company directly. Check for your signature authentication and other details to verify whether it is real or a copy-paste of an image of the sign from some other document.
Communicating with the New Recruiter and Seeking Legal Advice
In the meanwhile, explain the problem to the new Recruiter if they are ready to listen and help you out. After obtaining the necessary documents and policy, contact a legal expert (lawyer) and respond to the notice. Hope everything goes well.
Regards,
From India, Bangalore
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1Gathering Evidence and Verifying Documents
If possible, get the recruitment and exit policy of the company through your trusted friend from the old company or get the copies of the so-called proofs of document of breach of employment from the company directly. Check for your signature authentication and other details to verify whether it is real or a copy-paste of an image of the sign from some other document.
Communicating with the New Recruiter and Seeking Legal Advice
In the meanwhile, explain the problem to the new Recruiter if they are ready to listen and help you out. After obtaining the necessary documents and policy, contact a legal expert (lawyer) and respond to the notice. Hope everything goes well.
Regards,
From India, Bangalore
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Hi, thanks for your reply. I have not signed any other letter. I have only signed some WDR (Work Delivery Reports) and MOM, and the initial offer letter, which mentioned only my joining date and offer details.
I have a copy of my resignation email, but I don't have any acceptance letter from their side. I have not paid anything to them in lieu of my notice period. My last month's salary is pending with them, and I asked them to take care of that.
Thanks.
From India, Mumbai
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I have a copy of my resignation email, but I don't have any acceptance letter from their side. I have not paid anything to them in lieu of my notice period. My last month's salary is pending with them, and I asked them to take care of that.
Thanks.
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Model contract appointment letter.docx