Legal Action for not serving full notice period? - reporting manager
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Legal Action for not serving full notice period?

priyakumarhr Started The Discussion:

Hi all,
I worked with a Indian IT major, my employment was on contract for first 9 months and later they made me permanent 3 months ago in Jan. I was not very happy with my profile and package and in between got an offer from some other company who wanted me to join in 15 days.
I put the resignation in the tool(online) stating that I have got offer from some other company who are paying me better and also told them (verbally) that I have some financial issues in family hence need this job anyhow and will not be able serve 2 months notice. i also told them in writing that I am willing to pay notice pay. My manager gave no concern to it and said that he cannot relieve me until I serve 2 months notice (nor he can increase my salary or change my role in the team) and I will have to give KT to the replacement. I kept requesting them for 2 weeks(post resignation) but they did not considered my request , hence I left the company ( told my reporting manager on phone) and submitted the laptop (took receipt also from IT dept) and joined the other company.

My new employer knows the entire scenario.

After one week of joining I got a call from HR (of previous co) stating that they will send me a legal notice as I have not given proper KT and will run an absconding action against me which means that i will not get the relieving letter and experience letter and Full and final settlement will also be not done.

I want to know what can be the implications or consequences of this legal notice , can they send it to me even after I have stated that I am ready to pay the notice pay amount and I have also submitted the laptop.

Pls suggest ...

felixadvocates - Member Since: May 2011
Priya Kumar,

Once you receive a legal notice, do not hesitate to consult a lawyer.

Since you have the receipt of submission of the company's property (Laptop) , it would not be a problem to prove your resignation .

Do post the terms & condition of your appointment letter, so that i would help all of us to give you a better suggestion.

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