Respected Sir/Madam/Friends,
I am Padmini and I joined an IT Mnc in Hyderabad and worked only for 6 days, post which I got a much better oppurtunity with another company and I joined there.
Please note, this was my 3rd job, my first job being 6 years and second job tenure being 4 years, I have had always exited with proper documentations and ethics.
I did this un-ethical practise due to personal reasons, the office was too far and I used to get late daily to take care of my kids, I got less salary package in my new company , so I didnt do it for money,
I have already informed my new employer about this and they dont need any relieving letter.
Questions-
Now, there is a 1 month notice period for Probation as per our appointment letter.
(1) Can the past employer, who still hasnt still accepted my resignation go legal against me?
Can they ask me to pay for 1 month notice?
(2) Can they take legal actions saying I am working for 2 companies at same time?
(3) Can the damages claim be more than 1 month salary??
(4) They are refusing to take back the laptop , please suggest how do I return it? They want me to serve 30 days and then they will take it back.
Thank you sir, please do answer my 4 points.
Padmini.
From India, Bangalore
I am Padmini and I joined an IT Mnc in Hyderabad and worked only for 6 days, post which I got a much better oppurtunity with another company and I joined there.
Please note, this was my 3rd job, my first job being 6 years and second job tenure being 4 years, I have had always exited with proper documentations and ethics.
I did this un-ethical practise due to personal reasons, the office was too far and I used to get late daily to take care of my kids, I got less salary package in my new company , so I didnt do it for money,
I have already informed my new employer about this and they dont need any relieving letter.
Questions-
Now, there is a 1 month notice period for Probation as per our appointment letter.
(1) Can the past employer, who still hasnt still accepted my resignation go legal against me?
Can they ask me to pay for 1 month notice?
(2) Can they take legal actions saying I am working for 2 companies at same time?
(3) Can the damages claim be more than 1 month salary??
(4) They are refusing to take back the laptop , please suggest how do I return it? They want me to serve 30 days and then they will take it back.
Thank you sir, please do answer my 4 points.
Padmini.
From India, Bangalore
Well as you already know and accept that you have done not good but the realization of this unprofessional and unethical act is acceptable and we sincerely advise you and hope that you won't repeat it in future.
Before going to answer your question I wanna say that you must remember that you are holding an asset and not returning back to them with whatever reason which can actually be a big problem for you here, as you are now absconded employee with an asset of your employer. Therefore, holding an asset of your employer without their permission and not joining back to them even after their demand and as required by appointment letter/employment conditions, moreover, breaching the agreement of employment can be treated as an offense and they can take legal action against you anytime if they want.
But this is also depends on their working style, policies, past actions and understanding on treating these kind of cases. See not any employer like to spend much time for employees who worked just for 6 days only, (it is also shown how their recruitment practices and style are) though, the employee/you deserve the punishment of this unprofessional act too.
Employee must respect the Appointment Letter and obey employment terms which is a mutual agreement (Agree and accepted by both Employee and Employer) and if not, I seriously believe Employee deserves the punishment.
About your Questions
#1 if your resignation is not accepted by your past employer which means you are either being declared absconded employee or not, but if yes, can be a problem while employee background verification by our future employer anytime. This can ruin your career and as you said that you are from IT sector, hope you know the "Knowledge and Employee information sharing system" in IT companies which helps a lot to employers to hire loyal and good professionals.
#2 Duel Employments is not acceptable at any cost, and if you have never read your appointment letter then, must do that especially the clause for "duel employment" where you can find the consequence of the same if in any case found with this position. They certainly can take serious action against you if they want. Second, It would not be good to say what they gonna do this or not, because as we can’t say what you are planning to do, we can’t say whether they going to take action against you or not but it is very much possible in this case. I have seen some employer take these cases very much seriously consequently employees found action taken against them by employer.
#3 By considering the consequence of your unprofessional act and demand of the situation and the actions of your employer in this case, you can imagine the damages or how much you can forced to pay and how.
#4 what do you mean by saying "they are refusing to take back the laptop"? Is that they don't want their asset allocated to you or they want you to visit personally to return this asset? Well I believe they are just expecting you to visit them and return it and I would suggest you to visit them as there is no harm to do so. You need to resign and raise your concern /request with your valid reasons at least for a try. You may feel ashamed of doing so because of your act but need not to forget that you really have to visit them and return the asset you are occupied which can be a big problem for you.
The best thing you have to do is to visit them and resign with your valid reasons duly mentioned that you are returning this asset back to them which were under your possession from the date of joining for your office work. Meet and request to your Boss and HR Manager to allow you and come here back with the responses of them, so that, the respective member can suggest you the solution of your problem further in your case.
If you have any contact there with your past employer whom you can talk, you must speak to know what employer feels about it or try to speak to your Boss/HR Manager immediately before its going too late for you.
From India, Gurgaon
664Before going to answer your question I wanna say that you must remember that you are holding an asset and not returning back to them with whatever reason which can actually be a big problem for you here, as you are now absconded employee with an asset of your employer. Therefore, holding an asset of your employer without their permission and not joining back to them even after their demand and as required by appointment letter/employment conditions, moreover, breaching the agreement of employment can be treated as an offense and they can take legal action against you anytime if they want.
But this is also depends on their working style, policies, past actions and understanding on treating these kind of cases. See not any employer like to spend much time for employees who worked just for 6 days only, (it is also shown how their recruitment practices and style are) though, the employee/you deserve the punishment of this unprofessional act too.
Employee must respect the Appointment Letter and obey employment terms which is a mutual agreement (Agree and accepted by both Employee and Employer) and if not, I seriously believe Employee deserves the punishment.
About your Questions
#1 if your resignation is not accepted by your past employer which means you are either being declared absconded employee or not, but if yes, can be a problem while employee background verification by our future employer anytime. This can ruin your career and as you said that you are from IT sector, hope you know the "Knowledge and Employee information sharing system" in IT companies which helps a lot to employers to hire loyal and good professionals.
#2 Duel Employments is not acceptable at any cost, and if you have never read your appointment letter then, must do that especially the clause for "duel employment" where you can find the consequence of the same if in any case found with this position. They certainly can take serious action against you if they want. Second, It would not be good to say what they gonna do this or not, because as we can’t say what you are planning to do, we can’t say whether they going to take action against you or not but it is very much possible in this case. I have seen some employer take these cases very much seriously consequently employees found action taken against them by employer.
#3 By considering the consequence of your unprofessional act and demand of the situation and the actions of your employer in this case, you can imagine the damages or how much you can forced to pay and how.
#4 what do you mean by saying "they are refusing to take back the laptop"? Is that they don't want their asset allocated to you or they want you to visit personally to return this asset? Well I believe they are just expecting you to visit them and return it and I would suggest you to visit them as there is no harm to do so. You need to resign and raise your concern /request with your valid reasons at least for a try. You may feel ashamed of doing so because of your act but need not to forget that you really have to visit them and return the asset you are occupied which can be a big problem for you.
The best thing you have to do is to visit them and resign with your valid reasons duly mentioned that you are returning this asset back to them which were under your possession from the date of joining for your office work. Meet and request to your Boss and HR Manager to allow you and come here back with the responses of them, so that, the respective member can suggest you the solution of your problem further in your case.
If you have any contact there with your past employer whom you can talk, you must speak to know what employer feels about it or try to speak to your Boss/HR Manager immediately before its going too late for you.
From India, Gurgaon
The laptop being with you is a big mistake.
When you knew you are not coming back, you should have left it in office on your last day there.
Now, I suggest you send a registered letter to them stating that you are trying to return the laptop to them but no one is taking charge of it from you. So requesting them to arrange for it to be taken from you or to inform them when and to whom you can give it and get acknowledgement of having handed it over.
From India, Mumbai
When you knew you are not coming back, you should have left it in office on your last day there.
Now, I suggest you send a registered letter to them stating that you are trying to return the laptop to them but no one is taking charge of it from you. So requesting them to arrange for it to be taken from you or to inform them when and to whom you can give it and get acknowledgement of having handed it over.
From India, Mumbai
You are totally at fault and your previous employer is at liberty to sue you legally & spoil your career.
If you accept my advice, please visit your previous company personally, hand over the lap top in a serviceable condition, pay off one month salary in lieu of the Notice period and sincerely regret to them your mistake of being absent from duty. Do take someone with you as a witness, preferably another employee of that company, so that he/ she supports your having appeared personally to take clearance from the company.
Remember, be totally submissive & apologetic and be persuasive in asking them to settle the issue. Tell them that you are not looking for any relieving letter, but have come only to hand over company property which was carried by default.
I am sure their HR department shall be helpful to you. Best of luck.
From India, Delhi
If you accept my advice, please visit your previous company personally, hand over the lap top in a serviceable condition, pay off one month salary in lieu of the Notice period and sincerely regret to them your mistake of being absent from duty. Do take someone with you as a witness, preferably another employee of that company, so that he/ she supports your having appeared personally to take clearance from the company.
Remember, be totally submissive & apologetic and be persuasive in asking them to settle the issue. Tell them that you are not looking for any relieving letter, but have come only to hand over company property which was carried by default.
I am sure their HR department shall be helpful to you. Best of luck.
From India, Delhi
Dear All, I visited them to return the laptop but they wont take it saying they want me to serve 1 month notice period. Please help suggest how can I avoid legal action. Thanks. Padmini
From India, Bangalore
From India, Bangalore
Dear Padmini,
If you had a genuine reason to exit the organization, I think it had to be adhered to by the Human Resources and entertained. Had they commented in writing regarding refusal to accept the laptop? What reason did they cite?
From United States, Arlington
If you had a genuine reason to exit the organization, I think it had to be adhered to by the Human Resources and entertained. Had they commented in writing regarding refusal to accept the laptop? What reason did they cite?
From United States, Arlington
No, they haven’t given any reason in writing yet.. They want me to serve the notice period..
From India, Bangalore
From India, Bangalore
Padmini,
Did you cite a valid reason and had a talk with Human Resources? They can *not* force anyone on-the-letter without spirit on notice period. Life has so much of permutations and combinations often laden with innumerable vagaries and uncertainities. There should be a way of notice pay period in lieu of the same and even in this case if you are not able to pay in one lumpsum, they should be able to chip in and help out with phased payments.
From United States, Arlington
Did you cite a valid reason and had a talk with Human Resources? They can *not* force anyone on-the-letter without spirit on notice period. Life has so much of permutations and combinations often laden with innumerable vagaries and uncertainities. There should be a way of notice pay period in lieu of the same and even in this case if you are not able to pay in one lumpsum, they should be able to chip in and help out with phased payments.
From United States, Arlington
Ms. Padmini: With the issue in hand, let us see how you can be saved of further botheration: (1) I presume that you have submitted resignation letter, but has not been accepted since you have neither served the notice period nor paid the salary. In this situation the employer can presume that you have abandoned the service. Merely by submitting resignation one cannot snap relations with the employer. Having agreed to serve a notice period of one month during probation you cannot just walk off like that. Hence for violation of appointment terms you are liable and Your employer is perfectly justified in demanding notice pay. So to get over the problem, the advisable course of action would be to deposit the salary towards remaining notice period.
(2) Legally speaking, you are on the rolls of two companies at the same time although de facto you had resigned from the previous employer. Whether you will be ultimately held guilty is dependent on lot of factors, perhaps an able advocate can save you from being guilty. I presume that the previous employer has not given you any letter regarding acceptance of resignation. An employer also has no right to sleep over the resignation and they should have by now indicated the fate of it.
(3) The claim could be basically one month salary, as Indian Courts have not developed much the tortious liability in case an employee abandons employment. For any claim beyond one month salary, the claimant has to prove before the court the extra loss directly caused to them by your acts and only to that extent the claim would be allowed. And that is no easy task.
(4) As suggested by other members too, you may go back to the previous emmployer and deposit the salary and hand over the laptop. Most likely the issue would be over as most employers won't prefer to have a reluctant employee back to them. However, in case they still refuse, you may send a registered letter giving complete details attaching a demand draft/banker's cheque and offering to return back the laptop and any other office item.
Let us not take an employer for granted and do justice to them also.
KK
attribution https://www.citehr.com/460798-resign...#ixzz2TnGbxTwf
From India, Bhopal
(2) Legally speaking, you are on the rolls of two companies at the same time although de facto you had resigned from the previous employer. Whether you will be ultimately held guilty is dependent on lot of factors, perhaps an able advocate can save you from being guilty. I presume that the previous employer has not given you any letter regarding acceptance of resignation. An employer also has no right to sleep over the resignation and they should have by now indicated the fate of it.
(3) The claim could be basically one month salary, as Indian Courts have not developed much the tortious liability in case an employee abandons employment. For any claim beyond one month salary, the claimant has to prove before the court the extra loss directly caused to them by your acts and only to that extent the claim would be allowed. And that is no easy task.
(4) As suggested by other members too, you may go back to the previous emmployer and deposit the salary and hand over the laptop. Most likely the issue would be over as most employers won't prefer to have a reluctant employee back to them. However, in case they still refuse, you may send a registered letter giving complete details attaching a demand draft/banker's cheque and offering to return back the laptop and any other office item.
Let us not take an employer for granted and do justice to them also.
KK
attribution https://www.citehr.com/460798-resign...#ixzz2TnGbxTwf
From India, Bhopal
Dear Padmini,
You have valid reasons for leaving, of course you could have thought of it before your joined however you did not. Yet while leaving was wrong, let's not hassle over it.
You need to do two things.
Send them the resignation letter by registered AD wherein you should referred that you have submitted it on the 6th day and they had refused to accept. The worst case would be one month notice pay, which you should keep in the back of your mind or keep it aside in a FD.
Second, send them another letter advising them that you have the laptop (while they refused to accept the laptop when returned) and they can collect at their convenience. And you can bear the cost of the person who comes to collect it. However in the mean time since they refused to accept it, you will keep it in your safe custody but at their risk.
Do not bother much and get on with your life.
Hope this assist.
Regards
WCP
You have valid reasons for leaving, of course you could have thought of it before your joined however you did not. Yet while leaving was wrong, let's not hassle over it.
You need to do two things.
Send them the resignation letter by registered AD wherein you should referred that you have submitted it on the 6th day and they had refused to accept. The worst case would be one month notice pay, which you should keep in the back of your mind or keep it aside in a FD.
Second, send them another letter advising them that you have the laptop (while they refused to accept the laptop when returned) and they can collect at their convenience. And you can bear the cost of the person who comes to collect it. However in the mean time since they refused to accept it, you will keep it in your safe custody but at their risk.
Do not bother much and get on with your life.
Hope this assist.
Regards
WCP
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