if you have left your employer without working during the notice period then he may sue you. Or he may not. It is totally upto him.
What you may do is secure another job.
Legal advice needed regarding a legal notice I received from previous employer
I left previous employer without service notice period due to hostile work conditions and verbal harassment for, not working over-time hours and not working on weekends (both unpaid). The previous employer is a well-established investement bank with a high capital and I am a software engineer with 11 years of work experience. Employment Agreement clause: X. TERMINATION: Either party shall be free to terminate this agreement at will at any time with or without a cause upon two months prior written notice by the party desirous of terminating this agreement or payment of equivalent salary in lieu of at the discretion of the company. General leave cannot be availed during the notice period unless it is approved by the Management. If an employee requests for an early relieving, his/her general leave shall be adjusted against the remaining notice period on management discretion. The general leave shall be adjusted for the number of days (irrespective of either working days or weekly off) from the notice period. And, thereafter, if any general leave balance remains to his/her credit, it will be encashed as per the full and final settlement.
Asked 3 years ago in Labour
10 Answers
Additional details: It appears that the employer or their hired law firm is using scare-tactics to recover money. They mentioned in legal notice that I worked there for more that one year by putting a falsified joining date. However, I only worked there for less than 2 months.
Asked 3 years ago
You don't have to reply to the legal notice. Wait for them to file a case.
You must engage lawyer and reply to legal notice
deny allegations made in legal notice
mention reasons why you left the organisation
however if you left without serving notice period your employer can recover salary in lieu of notice period
In your reply mention that you worked for only 2 months and not one year as alleged
that you were forced to work on sundays too and subject to verbal harassment
You were required to serve two months notice period or to compensate in lieu of notice period with two months salary with a clause for adjusting the leaves due to you in the notice period.
Therefore you may send a communication in writing sent by registered post to the employer stating that you have resigned the job with effect from the date of your last working date and you are ready to pay the two months notice period on hearing from them, as well as you can demand your relieving letter, experience letter and F&FF settlement in the same communication.
You have not come out with the information that you were served with a legal notice by the employer, hence you will get opinion to what you have posted only.
You have now added in your subsequent post that your employer served a legal notice on you, it becomes your duty to issue a reply notice denying the allegations leveled in the notice properly.
Additionally you may have to tender proper resignation letter if you have not done it earlier.
You don't have to worry. Reply to the said legal notice through lawyer. You can approach me through LinkedIn for drafting the same on your behalf.
Dear Sir,
1. There are a few situations where it's acceptable and even necessary to quit without notice, including:
- Unsafe work environment
- Hostile work environment
- Family emergency
- Personal health
- Fear of retribution
- Better opportunities
- Frequent layoffs
- Lack of work opportunities
- Short-term employment
- Ethical challenges
2. Hence, since you left the job due to above mentioned circumstances it was not wrong to leave it without providing a proper notice and this could be used as a negotiating factor with your employer in order to avoid their wrongful tactics.
Thank You
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, if have not served the notice period of two months , then will have to pay the same
- However, if you have worked only two months , then it will come under the probation period and notice period will not applied.
You can contact me , if further suggestion needed.
If you have received a notice get it replied by an advocate. You may contact me through this website or google for the same.
