Hello, please help me regarding an issue of absconding. I have worked in company X for 2 years and now joined company Y (CMMI 5). However, after working at company Y for 1.5 months, I received an offer from a better company Z in a role that I have always wanted to work for. I did not inform company Z about my employment at company Y. I have now joined company Z without informing company Y. Company Y has been sending mails to my postal address and trying to communicate with me repeatedly over the phone. I have informed the HR of company Y through a personal non-official email that I am seeking a job in a better role and therefore, unable to return to the company. Company Y has sent me two postal mails warning me of legal action and requesting a show cause. The appointment letter mentions being "liable to pay salary in lieu of notice period" (notice period is 3 months) in the "absent without notice" section. I seek information and guidance on this matter as it is becoming increasingly embarrassing and distressing for me. If company Y decides to take legal action, what could be the consequences? I do not have enough funds to comply with any demands or to handle involvement with the police or the court of law. Please assist me with this issue.
From India, Bangalore
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From India, Bangalore
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Good job, hahaha :) First of all, tell me, if you wanted to leave company Y, why did you leave without any prior intimation? And one more thing, why did you leave the company after only 1.5 months? Yes, it's okay that you got a good opportunity, that's why you left, but this reflects negatively on your profile because you don't have any genuine reason for leaving that company. Okay, forget it all.
Probation Period Inquiry
Right now, let me know what the probation period is in your company Y. If you were in the probation period, then there is no need to pay. However, at least you should have informed them before leaving. Now, meet your HR person personally and request to be relieved in a professional manner.
From India, Ahmedabad
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13Probation Period Inquiry
Right now, let me know what the probation period is in your company Y. If you were in the probation period, then there is no need to pay. However, at least you should have informed them before leaving. Now, meet your HR person personally and request to be relieved in a professional manner.
From India, Ahmedabad
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I agree with Mr. Gopinath on the advisability of coming clean with all concerned. I also realize you are in an untenable position. However, the information provided is very scanty. Before any advice can be given, we need the following info at the minimum:
1. Which industry are you in (manufacturing/sales/legal, etc.)?
2. How were you selected in Company Y (directly or through a recruitment agency)?
3. How critical was your profile in Company Y? Is it worthwhile/practical for Y to come after you legally?
4. Is Company Z a direct competitor to Company Y?
5. Is Company Y a PSU or a critical service provider to the government?
6. What did you tell your HR? This was a mistake on your part as you cannot even claim to be sick or bereaved.
7. Have you given any certificates or signed any documents in Company Y? Was your salary account created through them?
From India, Madras
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1. Which industry are you in (manufacturing/sales/legal, etc.)?
2. How were you selected in Company Y (directly or through a recruitment agency)?
3. How critical was your profile in Company Y? Is it worthwhile/practical for Y to come after you legally?
4. Is Company Z a direct competitor to Company Y?
5. Is Company Y a PSU or a critical service provider to the government?
6. What did you tell your HR? This was a mistake on your part as you cannot even claim to be sick or bereaved.
7. Have you given any certificates or signed any documents in Company Y? Was your salary account created through them?
From India, Madras
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This just shows your selfishness and tendency to disrespect everyone in your life in general. You thought you could get away with ditching others. We are responsible for every single action in our lives, especially how we 'treat' others. Ask yourself in your heart—no matter what attraction you were served with, such as a better job with the right profile—did you treat your company 'Y' well? Consider the costs they may have incurred in hiring you, inducting you, and their expectations from you. If an agency is involved, they too are in trouble. They all will again incur these costs, and the next poor candidate may be put under tough scrutiny because you have given them a bad experience.
It is sad that educated employees like you tend to think so selfishly; this is a growing culture these days. Our education doesn't cultivate important traits. Yes, you had the right to accept a better job, but they also have the right to be well-treated, i.e., properly informed and thus respected as they had offered you the job and you trashed their trust. When on probation, a 15-day notice can be served, or immediate notice can also be served. It all depends upon the position and other sensitivities involved, as Gokul has written, and I agree with all responses here. But the scenario is created due to some of your inherent negative traits, and I wanted to bring it up for you to refine yourself in this area.
It is good that the company chased you and gave an appropriate warning; I hope you never forget this lesson and learn to respect others' rights in your life.
Regards,
Nikhil
From India, Pune
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It is sad that educated employees like you tend to think so selfishly; this is a growing culture these days. Our education doesn't cultivate important traits. Yes, you had the right to accept a better job, but they also have the right to be well-treated, i.e., properly informed and thus respected as they had offered you the job and you trashed their trust. When on probation, a 15-day notice can be served, or immediate notice can also be served. It all depends upon the position and other sensitivities involved, as Gokul has written, and I agree with all responses here. But the scenario is created due to some of your inherent negative traits, and I wanted to bring it up for you to refine yourself in this area.
It is good that the company chased you and gave an appropriate warning; I hope you never forget this lesson and learn to respect others' rights in your life.
Regards,
Nikhil
From India, Pune
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Legal Clarification on Absconding & Contract Labour.pdf
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