• Serving notice period, without signing any appointment letter

Hi, I have resigned from my current job by writing a formal resignation mail where I have mentioned that I won't be serving any notice period. But now my boss has replied to me saying if I do not serve any notice period they will take a legal action against me because I have not followed the terms and conditions as discussed and given to me on an appointment letter. But during the joining I did not receive any appointment letter, all I got was an offer letter where only my salary in mentioned. Can the company take any legal action against me inspite of that?
Asked in Business Law from Pune, Maharashtra
1) no terms and conditions were disclosed to you 

2) no appointment letter was issued to you 

3) offer letter did not mention any conditions 


4) company would not succeed if it takes legal action 
Ajay Sethi
Advocate, Mumbai
28644 Answers
1555 Consultations

5.0 on 5.0

If you have not signed the terms and conditions for employment and have no proper appointment letter, then your company cannot seek the said compensation from you.

You can very well ask your company to proceed instead of giving such threat calls.

You should give a reply notice denying all their allegations and averments.
T Kalaiselvan
Advocate, Vellore
18819 Answers
179 Consultations

5.0 on 5.0

If there is no notice period mentioned in the appointment letter but it is mentioned in the rules of the company/firm then the notice period has to be complied. So if the rules mandate a notice period the same has to be served, failing which the company may sue you for breach of contract apart from refusing to relieve you.
Ashish Davessar
Advocate, Jaipur
19905 Answers
522 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Business Lawyers

T Kalaiselvan
Advocate, Vellore
18819 Answers
179 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28644 Answers
1555 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13983 Answers
310 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19905 Answers
522 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7327 Answers
85 Consultations

4.9 on 5.0

Nadeem Qureshi
Advocate, New Delhi
4001 Answers
159 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3313 Answers
52 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
998 Answers
73 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

5.0 on 5.0

Anilesh Tewari
Advocate, Lucknow
87 Answers
1 Consultations

5.0 on 5.0