Hi All, please help me with my predicament. I worked in this company for 5 years, after which they sent me to the USA for a month on a project and some transition.
Please Note:
- The company didn't sign any contract with me stating that if I leave the organization, I have to pay compensation.
- The offer letter stated that during the time of leaving the company, if I am unable to serve the notice period, I will have to compensate them regarding the salary.
- I sent my resignation letter stating that since my notice period is 30 days, I will serve 15 days, and I will compensate them for the remaining 15 days.
- The company responded to the letter stating they accept my resignation but cannot relieve me in 15 days.
- However, since my current employer could not wait, I left the organization insisting that I have stated 15 days and please honor it.
- My previous employer stated that I will have to compensate them with a few lakhs of rupees, as they sent me to the USA.
- They stated that if I didn't pay them that, they won't give me my relieving letter.
- I left the organization after 4 months of coming back from the USA, where I was for only 3 weeks.
- The company stated that they will say that I have absconded and will not issue any letter.
- The best thing is they have completed my Full and Final payment.
- The company stated verbally that they have no clause regarding me compensating them for the trip to the USA.
- Still, they have not issued any relieving letter.
Please advise if I should legally proceed with this and how much it will cost me? I would seriously need some help as all my requests to the previous employer have gone in vain.
Regards,
Kunal
From India, Hyderabad
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Please Note:
- The company didn't sign any contract with me stating that if I leave the organization, I have to pay compensation.
- The offer letter stated that during the time of leaving the company, if I am unable to serve the notice period, I will have to compensate them regarding the salary.
- I sent my resignation letter stating that since my notice period is 30 days, I will serve 15 days, and I will compensate them for the remaining 15 days.
- The company responded to the letter stating they accept my resignation but cannot relieve me in 15 days.
- However, since my current employer could not wait, I left the organization insisting that I have stated 15 days and please honor it.
- My previous employer stated that I will have to compensate them with a few lakhs of rupees, as they sent me to the USA.
- They stated that if I didn't pay them that, they won't give me my relieving letter.
- I left the organization after 4 months of coming back from the USA, where I was for only 3 weeks.
- The company stated that they will say that I have absconded and will not issue any letter.
- The best thing is they have completed my Full and Final payment.
- The company stated verbally that they have no clause regarding me compensating them for the trip to the USA.
- Still, they have not issued any relieving letter.
Please advise if I should legally proceed with this and how much it will cost me? I would seriously need some help as all my requests to the previous employer have gone in vain.
Regards,
Kunal
From India, Hyderabad
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What I am trying to say is that my company's previous employer didn't give me the relieving letter, despite putting in my best efforts. If I have to take legal action, how much will it cost me? I have provided a summary of events above for careful consideration. Please advise.
Regards,
Kunal
From India, Hyderabad
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Regards,
Kunal
From India, Hyderabad
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You should consult a lawyer to understand the cost implications. We cannot really state how much this may cost you or how long it would take. You shouldn't have a problem if you proceed legally since there is no written agreement. However, please check if there is a training policy document with the organization and its contents. Ideally though, legal measures should be your last resort. You should try meeting and convincing them to release the document. This would take time.
Regards,
Ryan
From India, Mumbai
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90Regards,
Ryan
From India, Mumbai
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There is no training document; we never had any training department or any formal statement regarding this. I have tried asking them and convincing them by being nice, but they don't listen. Instead, they put forth more harassment, stating that I can't do anything about it and mentioning that they have a good lawyer. They talk a lot. The HR department has just one person, and that's the HR. There is no ego issue here; it's just that they are very stubborn and want the money. In the past, they did threaten verbally, but so far, there has been no progress. It looks like they are an anarchy.
Your thoughts?
Regards,
Kunal
From India, Hyderabad
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Your thoughts?
Regards,
Kunal
From India, Hyderabad
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Consult a Good Lawyer
The fees of a lawyer depend on their profile and standing in the profession. There are lawyers who charge just about Rs. 100 for a legal notice, and there are lawyers who charge Rs. 5 Lakhs. Catch hold of a junior of a good High Court lawyer who is young, and they will do it at a reasonable cost. They will also guide you well.
Regards,
From United+States, San+Francisco
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The fees of a lawyer depend on their profile and standing in the profession. There are lawyers who charge just about Rs. 100 for a legal notice, and there are lawyers who charge Rs. 5 Lakhs. Catch hold of a junior of a good High Court lawyer who is young, and they will do it at a reasonable cost. They will also guide you well.
Regards,
From United+States, San+Francisco
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Resignation cum relieving letter.doc