Legal notice for not serving notice period
I have joined an organization back in May 2016, at the time of interview they've asked me to sign a BOND for two years after completing the probation period of 1 month. After a month I received the confirmation letter of employment however company did not ask me to sign any bond for next 6 months. During this time, I have faced many problems with management and decided to leave this organization for good. When the management find out about my plans to leave, they asked me to sign the bond, to which I refused. So, they asked me to forfeit my HIKE which they've offered me at the time of joining and agreed to pay as per my ctc. with my previous employer. This was unethical move, and company delayed my salary for consecutive two months, while other employees received their salaries on time. I found out that it was intentional and then I resigned from the office stating inability to serve my notice.
The management came up to me asking for submitting one-month salary for not serving notice period. I did not respond and moved to another company after 1 month, and they do not require reliving letter, so I didn't bother about the last company.
Now after 3 months they've find out that I am working somewhere, and they sent me a legal notice-stating the following:
Pursuant to the instructions from and on behalf of my client M/S XXX, I do hereby serve you with the following Legal Notice: -
1. Refer to appointment letter dated 08/06/2017 issued by my client whom you joined on 08/06/2017.
2. That as per the employment agreement you have committed breach of contract by not serving 30 days notice. As per the employment agreement you had to give prior notice of 30 days or had to deposit salary equivalent to 30 days prior to leaving the job but you left the job without any intimation and didn't followed this term.
3.That your resignation letter does not mention anything about your notice period. As per the terms of your appointment letter and employment agreement you are required to serve a complete one month notice period effective from the date of resignation. In case, you do not serve the notice period, you have to pay the organization a complete one month’s salary.
4. That my client tried its best to make contacts with you but failed and lately it came to notice of my client that you have joined some other company.
5. That by violating the employment agreement and your appointment letter, you have caused a loss to my client which you are legally liable for.
It is, therefore, advised you to deposit an amount of Rs. 70,000/- within a period of 10 days with interest @ 9 % pm failing which this my client shall be constrained to file a case against you at your cost and expenses to which please note and take action accordingly.
I, therefore, through this Notice finally call upon you to pay to my client Rs. 70,000/-. along with future interest @ 9 % p.a. from the date of notice till act.
Now my question is: can they take up legal action against me?
Asked 4 years ago in Business Law