• 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 2 months ago in Labour

2 answers received in 30 minutes.

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10 Answers

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.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

You don't have to reply to the legal notice. Wait for them to file a case. 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

 

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 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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. 

https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

If you have received a notice get it replied by an advocate. You may contact me through this website or google for the same. 

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

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