• Legal notice from Ex employee

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.
Asked 11 days ago in Business Law from Mumbai, Maharashtra

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

Anilesh Tewari
Advocate, New Delhi
13669 Answers
185 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

  1. You are not obligated to reply to any legal notice (ie notice served through an advocate). 
  2. However, your time certainly is of value. You would surely like to do your best to avoid getting into litigation. So I would advice you to respond to this legal notice by an advocate.... Stressing that you would sue your ex employee for malicious prosecution/ malacious judicial proceedings if he/she invokes judicial mechanism based on wild and baseless allegations. 
  3. Whatever is stated in 2) usually does the trick. Respond by way of legal notice only ie appoint an advocate. However, 
  4. If your ex employee still initiates any judicial proceedings, either civil or criminal, first of all your​ advocate has to defend you in it; seeking compensation for waste of your time and costs involved; and secondly after the judicial proceedings reach their logical conclusion in your favour, you must instruct your lawyer that you intend to sue your ex-employee for malacious prosecution/ malicious judicial process. 
  5. I'm based in Mumbai, and I understand you too are. I'm prepared to handle this matter; right from replying to the legal notice served upon you, to defending you in court and intiating the suit for malacious prosecution/ judicial proceedings. 
  6. Your contact details aren't shown to me here. Please leave them in feedback so that we can get in touch. You will need an appointment at my office for further consultation and briefing and then we will take it from there.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
245 Answers

4.7 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
2675 Answers
29 Consultations

5.0 on 5.0

you must contact a local lawyer and reply to legal notice 

 

2) deny allegations made in legal notice 

Ajay Sethi
Advocate, Mumbai
55655 Answers
3355 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
2901 Answers
12 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
2033 Answers
8 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bangalore
925 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Through advocate , reply will have effect. Mere reply that, he himself has offered resign and subject to disciplinary action for misconduct. 

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

Its better to appoint a lawyer to give a detailed response avoiding legal loop holes.

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

You should reply against said  legal notice through an lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
3835 Answers
2 Consultations

4.5 on 5.0

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

Hemant Agarwal
Advocate, Mumbai
1127 Answers
6 Consultations

5.0 on 5.0

You can give from your company letterhead is enough s of now. Any further complications, use legal firm to tackle.

G Suresh
Advocate, Chennai
223 Answers
1 Consultation

4.9 on 5.0

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