Queries
Hi

I joined a company few months back. After working for 1 month in that company I resigned. ( Reason: They screwed me, making me work day an night ). Now, company policy says that I have to serve 2 months notice period. But I didn't. After resignation I worked there for 14 days, and then never went back.

The company sent me one telegram and two letters, saying Unauthorized absence from duty, and I have to go back and serve the notice period. I can't do that. They said, they faced loss, monetary loss , reputation loss, project loss.

They say, If I will not go back then they will take legal action against me. Now, what is that legal action. Also, I have to compensate the losses they have faced. Now, Can they really ask for the loss they faced because of my resignation. Because in that case they can project any amount. In my appointment letter it was salary in lieu of notice period.

Moreover, I have not replied to any of the letter till now on the suggestion of one of my relative. Will that go against me ?

Please advice.

[ CLOSED ] Thanks for nice advice by @BSSV , closing thread.
4th May 2012 From India , Delhi

BSSV 8
No, not replying is a bad idea. You take a medical certificate from any doctor and present it to the company.
And as per your facts, you have resigned to the job, but have not yet received your relieving letter, you send them a reply asking them how is it unauthorised? tell them clearly that you are no more interested in that job, and even if you attend till the notice period you will not promise your performance. And ask them if they are ready to take you even if you do not work with interest.....
And clearly inform them that they are extracting from you more than reasonable and you are affected both physically and most psychologically, which may result in employee harassment.
And deal with it boldly, not a big issue..... but hiding from it may call for legal action, mind it........
Good luck.....
“Yath bhavathi tath nashyathi - whatever is created will be destroyed!! Creation is inevitably followed by..."
5th May 2012 From India , Bangalore

BSSV 8
No, not replying is a bad idea. You take a medical certificate from any doctor and present it to the company.
And as per your facts, you have resigned to the job, but have not yet received your relieving letter, you send them a reply asking them how is it unauthorised? tell them clearly that you are no more interested in that job, and even if you attend till the notice period you will not promise your performance. And ask them if they are ready to take you even if you do not work with interest.....
And clearly inform them that they are extracting from you more than reasonable and you are affected both physically and most psychologically, which may result in employee harassment.
And deal with it boldly, not a big issue..... but hiding from it may call for legal action, mind it........
Good luck.....
“Yath bhavathi tath nashyathi - whatever is created will be destroyed!! Creation is inevitably followed by..."
5th May 2012 From India , Bangalore

First of all thanks for the reply :)
Now, `hiding from it may call for legal action` , what legal action, thts what I want to know. One of my relative who knows few lawyers said no need to reply such letters. >_< I am confused now :)
Moreover, as I worked for only 1 month and few days, I don't want the relieving letter and all that. I must say, in latest letter they have mentioned my resignation date as my actual resiignation date + 7 days!!! No idea why. Prior to this letter they didn't even said I resigned.
They are also saying we faced loss, like monetary loss, reputation loss, project loss. Can they recover such loss amount from me? Because then they can ask for any imaginary amount. Moreover, in latest letter it is also said that I have confidential data but I don't have as such.
Is this any trick game or what they are trying to do ?
5th May 2012 From India , Delhi

BSSV 8
Nothing serious to be worried about. Just send confirming resignation letter (mail) again, and clear them that you will not be working there anymore and not to invest their time on you.
Legal action may include the damages, and payment of salary for the covering the period of notice. Many companies do claim for the compensation, you will be bound to pay the amount atleast to the extent of your notice period. And this has happened in many cases, where employee suddenly shift to other company, but in many cases they pay off the amount before the company claims, because anyways they are bound to pay, but in some cases employee pay only upon demand.
It all depend upon the designation and the companies. But, it is better for you to send a confirming resignation letter, and if they demand more submit a medical certificate...
Upon that, you may depend on those Advocates who has advices you, later if the company becomes serious do not get panic just prepare to pay them the compensation.....
5th May 2012 From India , Bangalore

Thanks @BSSV [ I don't know your name :) ]
This is what my appointment letter says: [ I think it will give more clarity on the question ]
Your employment with the Company may be terminated after giving a notice of two months or salary (Basic) in lieu thereof. You are bound to give two months notice before leaving the services of the Company. You will ensure that all your on-going activities are successfully completed and handed over as per the Company guidelines on the separation process. Depending upon business requirements. the Company may or may not accept your request to shorten serving of the notice period against the payment of salary (Basic) in lieu of such shortened notice period.
But you stated one line `Legal action may include the damages` . So this can be any imaginary amount!!!
In any case I will be sending them the printout of my resignation letter.
5th May 2012 From India , Delhi

Thanks @BSSV [ I don't know your name :) ]
This is what my appointment letter says: [ I think it will give more clarity on the question ]
Your employment with the Company may be terminated after giving a notice of two months or salary (Basic) in lieu thereof. You are bound to give two months notice before leaving the services of the Company. You will ensure that all your on-going activities are successfully completed and handed over as per the Company guidelines on the separation process. Depending upon business requirements. the Company may or may not accept your request to shorten serving of the notice period against the payment of salary (Basic) in lieu of such shortened notice period.
But you stated one line `Legal action may include the damages` . So this can be any imaginary amount!!!
In any case I will be sending them the printout of my resignation letter.
5th May 2012 From India , Delhi

BSSV 8
See, yourself can observe the importance of appoint you to that position!! they have very well cleared it that you will have to complete the activities completely before you leave even if takes more than the notice period.

I can understand the situation of the company now, is not so easy getting a candidate for a job on time, even if you get they require atleast min 15days to learn the job and adjust with it, and during such important times, candidates like you all of a sudden leave the job without completing the work, obviously they are screwed, especially the HR person who selected you will be screwed properly to the maximum. Once you join for a job you must act professional and learn responsibility. Ofcourse you will have have more work than reasonable but it will not be the same through the year, only during busy and important times.......

Anyways, I suggest you understand the importance, if still can not make up your mind to complete your responsibility, then assure them that you will not be able to come and your are out of town or not well or give some valid acceptable reasons and get rid of it so that they can try managing by themselves or get an another Candidate........

No. the amount can;t be any imaginary amount.But either it includes the amount of your double the salary, or the salary of the notice period you are supposed to serve, or the damages they incur from the project had assured to you. Usually, they may not take such actions, but if it is really hindering them and their affordable cost of an another candidate to your position then they surely claim from you........

Well, the issue is been now cleared so need to drag it anymore........

think and act..........

Good luck
5th May 2012 From India , Bangalore

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