Hello,
i advise yout o tender a reply so that in case he files a acase then you may take the defense that you tendered to the legal notice.
Send a reply through an advocate.
regards
One of our ex employees served us a legal notice through a lawyer demanding compensation for firing him. However the allegations are baseless as he had himself offered to resign on account of his misconduct. In such a situation, do we have an obligation to reply to a baseless notice and if so, can it be a simple response from company on our letter head or does it have to be a proper response through a lawyer.
Hello,
i advise yout o tender a reply so that in case he files a acase then you may take the defense that you tendered to the legal notice.
Send a reply through an advocate.
regards
See reply can be simple on letter head denying all allegations and bringing on record that he resigned himself and same was duly accepted by company.
Further it would be better if you take assistance of lawyer.
Giving a reply to the legal notice need not be mandatorily given by a lawyer.
A response on the letter head of the company would also be admissible in court, if the employee goes on to file a case against company in future.
You can avail services of a lawyer, if you have any doubts as to what has to be written in the reply.
you can reply to the notice for record i.e. keeping records straight
mention the company's stand in clear and unequivocal terms as to how this employee had himself resigned
you need not have the reply sent through a lawyer
the reply can be on company's letterhead itself
just be precise and clear
also warn the employee of necessary action if he continues with his tactics for extracting compensation from company
Hello
The employee resigned due to his misconduct on papers but generally organizations demand resignation from employees. Therefore he may be aggrieved and hence the notice. Send a reply through a lawyer as it may have legal implications.
Regards
Dear Sir,
It is better to avoid any reply to such baseless legal notices. If you reply in simple tone also the employee may think your company is afraid of such legal notice. If he ventures to file any legal proceedings then company has many defenses to putforth. As such you need not disclose any of your defense at this stage.
Dear Client,
Through advocate , reply will have effect. Mere reply that, he himself has offered resign and subject to disciplinary action for misconduct.
Since you have received a legal notice, it becomes your duty to issue a reply notice either by yourself or through your lawyer denying all the allegations leveled in the legal notice.
This step will help you to defend your interests in the court of law if he prefers to approach court seeking relief or remedy.
1. Employer & Employee disputes are taken very very seriously for the labour /industrial courts.
2. Address the issue ONLY thru a proper lawyers notice, supported by proper documentary evidences.
Keep Smiling .... Hemant Agarwal