Send detailed reply denying your liability to make any payment
2) explain circumstances why you are unable to join
3) that all assets have been returned to company
4) enclose proof of return of assets to the company
IT company sent me a legal notice after 1 year
I interviewed with a company, got selected, and even went through the onboarding process, waited for 10 days to join the firm as they daily asked me to send one or the other document, even forced me to get a bank statement of a closed account and everything. On final day they called me for 5 mins over a link and asked me to submit degree within 7 days and said now u r onboarded. I was really annoyed as stil my job was not secured and to get a degree from a govt university looked tough so that night itself I sent a mail that I am dropping and don’t want to join but they started sending mails of onbording and all. I replied that I am not joining they threatened by sending indiscipline notice also so I appeared in front of their indiscipline committee also and explained everything. They said do u wish to join to which I said I will but with new date and once I have degree in hand. I got my degree and sent mail after 1 month they sent termination letter. So it didn’t end there now it’s almost 1 year they have sent me legal notice and asking money or they threatening of filing case. I never actually joined the office. I informed them via email that I wouldn't be taking up the job, and I returned the assets they had sent me. Despite numerous email exchanges and discussions with management, I never joined the company. Now, a year later, they're demanding a recovery amount, and they've even sent a legal notice through advocates for both the recovery amount and the company assets. I never spent a single day working there, so do I really owe them the four lakhs they're asking for? What should be my next steps in this situation?
Asked 8 months ago in Labour
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10 Answers
If the company's assets are with you, then it becomes your duty to return them, if you have already returned them then you can give in your reply the date and mode of returning the same.
About recovery of money for termination, you can refuse to pay them any and in turn you can threaten them to sue them for defamation and compensation because they are claiming false things and try to defame you and spoil your reputation.
You engage the services of an experienced advocate and give a fitting reply so that they do not resort to such practice in future
Don't appear to be scared by such threatening notices, you have not done any crime neither you have joined the company even one day also hence there is no necessity for yo to even resign.
The company will realise their mistake if you quote everything in detail with a warning yo to them to resist from such indulgence in future through your reply notice.
No, as per the company act and the Industrial disputes act they don't have any rights on you, nor they have acted according to employment act.
So you can send reply to their lawyer notice or I can send reply to them on your behalf.
Don't pay a single penny to them.
If you have signed a contract or an offer letter with the IT company that contains a clause regarding the notice period or the recovery amount, then you may be legally bound by it and liable to pay the amount or face legal action. However, if you have not signed any such contract or offer letter, or if the clause is vague, unreasonable, or unfair, then you may not be legally bound by it and you may challenge the legal notice or the claim of the IT company.
If you have received a legal notice from the IT company, you should reply to it within the stipulated time mentioned in the notice, usually 15 to 30 days. You should reply to the legal notice through a lawyer who can draft a proper and professional response on your behalf. You should also keep a copy of the legal notice and your reply for future reference. You should address all the points raised in the legal notice and refute them with facts and evidence. You should also state your position and intention clearly and assertively. You should avoid any admission of guilt or liability or any abusive or threatening language in your reply.
If you want to avoid paying the recovery amount or facing legal action from the IT company, you may try to negotiate with them and settle the matter amicably. You may offer to pay a lesser amount or waive off the amount altogether, depending on your situation and circumstances. You may also seek an apology or a clarification from them, if applicable. You may also invoke any mitigating factors or defenses that may absolve you from liability, such as coercion, fraud, mistake, breach of contract, etc.
Giving a complaint to the nearest police station against the IT Company. This may be a possible option for you to seek justice and protection from the harassment and intimidation of the IT company
You can reply the legal notice in detail through advocate. If they proceed you can contest against them
Nothing to worry the most important is you have to reply the notice within 30 days or else if they file a case then you shall be liable for the cost. Denial of all allegation's with evidence is important. What ever movable or immovable things taken by you from the company was documented or not if yes did you take a NOC or a written acknowledgement that the company has received the goods given by you. It is important go through the content of the notice before giving any further advice.
Dear Client
Consult with an Employment Lawyer:
Seek legal advice from an employment lawyer who specializes in labor laws in India. They will be able to guide you through the specific legalities of your situation and provide personalized advice.
Review Your Employment Offer Letter:
Carefully review the terms and conditions mentioned in your employment offer letter, especially those related to joining, notice period, and termination. This will help you understand the contractual obligations between you and the company.
Documentation:
Gather all relevant documentation, including your email correspondence with the company, the termination letter they sent you, and any other communication that may be relevant to your case. This documentation will be important when discussing your case with your lawyer.
Seek an Amicable Resolution:
Try to communicate with the company and its legal representatives to resolve the matter amicably. Explain your side of the story and provide any evidence you have to support your claim that you never actually joined the company and returned any company assets.
Mediation:
If direct communication fails, consider mediation as an alternative dispute resolution method. This can help both parties reach a mutually acceptable resolution without going to court.
Respond to the Legal Notice:
If the company continues to pursue legal action, you should respond to the legal notice through your lawyer. Your lawyer will help you draft a suitable response, which may involve denying the company's claims and explaining your position.
Contest the Case:
If the matter goes to court, your lawyer will represent you and argue your case. Be prepared to present all relevant evidence and documents to support your claim that you never worked for the company and returned their assets.
No case maintainable. Send reply to notice via of filing police complaint for extortion.
These are tactics to gain unscrupulously. Send them a strong reply to their legal notice, preferably drafted by a lawyer, where he even questions the very basis of sending legal notice and sets up your counter claim.
- As per law, the job offer does not mean that the employment relationship between the employee and the employer has started unless there is a written proof which clarifies that the offer has already been effective and the burden of proof shall be borne by the party who is claiming starting the employment relationship.
- Further, It is only an offer, after signing; it becomes unconditional acceptance of an offer in accordance with the general rules of contracts,
- Hence, if an employee refrains from joining the work with the employer or if the employer evades letting the employee join the company, in this case, the party who breaches the obligation has to compensate the other party for damages caused or loss of profits.
- Since, you have got only a Job offer, hence until you accept the same after signing an appointment letter with the said company , the said Company cannot harm you in way.
- Further, as you have not given your consent after joint the company , then the said threatening is against the law
- You can send a reply of the said notice after clearing all the facts .
