• I left company in a week because of wrong promises given by HR

Hi i joined a IT company and left in a week because HR told me given wrong promises of Onsite opportunity and bonus. the notice period is 60 days but as i did not assigned in project so i wanted to leave. I sent email to my manager that this happened and i am not at all happy about that as i got to know after joining company. I asked HR before joining but HR did not reply. I shared all the emails with my manager. As it is just one week i decided to leave as i got 2 bad experiences of false promises. I discussed with managers on phone and told them the real problem what happened. They tried to convince me but i did not. I have all those emails of HR and managers. Now they sent me an letter then i will have to pay 250000 rs for not serving notice period. The HR was guilty on that as my manager told me that they will take strict action against her but what now they are sending this letter. Is this my fault and do i have to pay this amount?
Asked 5 years ago in Labour

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13 Answers

1. You were assured/promised some thing by the HR of your Company which was proved to bhe false after you joined the Company.

 

2. You have not yet taken any amount towards saklary from the Company for which payment of 3 months salary does not arise.

 

3. Hope you have mentioned the above false promise of the HR as the reason for your said resignation.

 

4. If you do not require any release letter from the Company for joining another Company then yiou can ignore the said notice of your Company.

 

5. If you require the release letter for joining another Company then it will be prudent on your part to get the matter settled amicably in your professional interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

See reply the letter stating that false promise on joining so you are not liable to pay instead the company should pay you damages and salary amount for 7 days you worked there.

See in case they file suit for recovery of same it can be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are required to give 60 days notice period as per terms of your appointment letter 

 

2) since you failed to serve the notice period company can sue you to recover 2 months salary dues 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

See you can reply the mail accordingly and further in case they go for a suit to recover amount it can be contested company has incurred no actual loss so you can contest the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The terms of contract are sacrosanct

 

2) you were required to serve 60 days notice period 

 

3) you left after 7 days 

 

4) if you were dissatisfied you should have resigned and served notice period as company failed to honour verbal commitments 

 

5) company can sue you to recover salary for 2 months 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You may give a reply notice denying the allegations but that will be very weak on your side.

Alternately you may ignore the notice and carry on with your routine works, because the company may not be able to take any legal action for recovery since the amount they demanded is no where coming near to your two months salary.

Have courage and dont entertain any claim from them, let them go to court where you can defend your interests on merits.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Your managers are not the authority to grant you permission to resign.

You may not be worried about the notice received, from now on dont contact the company for any reason and dont entertain any claim from company side.

They cannot do anything legally to recover this amount from you owing to various constraints and obstacles in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

you need to reply back to the legal notice and telling them the reason behind leaving the job. You may have left job for whatever reason, However, it is mandatory on you to serve mandatory notice and on completion of notice period you ought to have leave the job. When you left the job without serving mandatory notice, you will have to pay notice period salary to the management.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You don't have to pay the said illegitimate amount.  You can a reply the notice through lawyer

You can  file a complaint with labour commissioner for such illegality

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Don't indulge yourself with the company in unwanted correspondence this will jeopardize the situation further , if you don't wants to continue, then information given by you to the manager or HR for doing so is sufficient, simply do now that to drop them a mail that not filling the contractual obligations from the company side you are leaving the company and this mail may please be treated as resignation , also request to settle your dues immediately, if they don't take action on this mail within a week, file a application with the Labour Department for adopting ULP for harassment and illegal deductions.  

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. Usually companies send dues notice to the outgoing employee;

2. Since you did not serve notice period and neither did you buy out the same they are trying to hold you liable;

3. You may reply to the notice raising your concerns and your reasons to quit the office;

4. Unless you have done something majorly wrong to the company, caused fraud or losses to them, they will not pursue you;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Nothing will happen , don't worry, company can't do anything. Leave the email resignation w e f from last date of office attended.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. The resignation terms are mentioned in the employtment agreement you have signed at the time of joining bthe Company.

 

2.Hope you have already recorded in your resignation letter that you have left the Company since the terms inconnection with the bonus as assured by the HR before joining has been changed by the Company without your consent.

 

3. If the Company files any Money suit against you claiming the dsaid amount, you shall have to forward the above argument in your defence.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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