Last February 2011 I accepted a appointment letter as Manager by a company on the condition of joining after 1 month and countersigned the appointment letter - it said if i wish to leave the organisation i need to give 3 months notice else 3 months salary as compensation.
After 1 month i went for joining as Manager wherein i was told to submit passport as company decided to send me abroad for US based sister concerns project as Operator (i agreed as good money involve). For 1 month till visa comes i was told verbally to work as Consultant and not Manager and was paid by cheque. Everything was going on verbally and to avoid any problems i managed to get all details from them thru email; before flying i signed 1 year contract with sister concern company which says iam their employee. In this case am i employee of original company or its sister concern bcos after 3-4 months of abroad project i was sent back to india without any reason. Now original company interested to keep me as Manager but verbal statements only without anything in written / black or white. So i refused to work with them by sending resignation through email to which nobody bothered to respond. And after 1 month sent me notice on letter head demanding 3 months salary as compensation which i neglected and after few more months their lawyer sent me a notice for repaying 3 months salary and now i have received court summons for the same meaning they have filed case against me. In such case what should i do? All conversation documents between sister concern and me available with me.
Please guide how can i reply to them - as i am totally confused because as far as i know a company if deputes some body to its sister concern or franchisee with an official document means to say that the previous signed documents are void or nullified or invalid. Can i file a case against them and ask for compensation from them as it was their sister concern who broke the contract and not me.
From Monaco
After 1 month i went for joining as Manager wherein i was told to submit passport as company decided to send me abroad for US based sister concerns project as Operator (i agreed as good money involve). For 1 month till visa comes i was told verbally to work as Consultant and not Manager and was paid by cheque. Everything was going on verbally and to avoid any problems i managed to get all details from them thru email; before flying i signed 1 year contract with sister concern company which says iam their employee. In this case am i employee of original company or its sister concern bcos after 3-4 months of abroad project i was sent back to india without any reason. Now original company interested to keep me as Manager but verbal statements only without anything in written / black or white. So i refused to work with them by sending resignation through email to which nobody bothered to respond. And after 1 month sent me notice on letter head demanding 3 months salary as compensation which i neglected and after few more months their lawyer sent me a notice for repaying 3 months salary and now i have received court summons for the same meaning they have filed case against me. In such case what should i do? All conversation documents between sister concern and me available with me.
Please guide how can i reply to them - as i am totally confused because as far as i know a company if deputes some body to its sister concern or franchisee with an official document means to say that the previous signed documents are void or nullified or invalid. Can i file a case against them and ask for compensation from them as it was their sister concern who broke the contract and not me.
From Monaco
Hello,
Govind Singh Negi has given you a very short & apt ADVICE--JUST FIGHT IT OUT.
However, suggest AVOID filing another counter-case on the company--that step has chances of revealing your cards.
Pl hire a good lawyer--best is someone whom you already know.
Maybe you can also add 'damages' in your response.
All the Best.
Rgds,
TS
From India, Hyderabad
1637Govind Singh Negi has given you a very short & apt ADVICE--JUST FIGHT IT OUT.
However, suggest AVOID filing another counter-case on the company--that step has chances of revealing your cards.
Pl hire a good lawyer--best is someone whom you already know.
Maybe you can also add 'damages' in your response.
All the Best.
Rgds,
TS
From India, Hyderabad
thanks for reply but you know how much time it will take in court for result and even if i win then what about the mental harrassment and the time lost - how it will be compensated.
From Monaco
From Monaco
Hello,
You have a point reg "how much time it will take in court for result and even if i win then what about the mental harrassment and the time lost - how it will be compensated".
As regards the timeframe, you need to be prepared for it. The only Best-case-Scenario I can think of is: once the company realizes that you are prepared to fight it out, they MAY come to the negotiating table for an out-of-court settlement.
And reg the time lost & compensation, I have already suggested about 'damages' that you could include to cover the mental harassment, time lost, cost of other lost opportunities, etc.
All the Best.
Rgds,
TS
From India, Hyderabad
You have a point reg "how much time it will take in court for result and even if i win then what about the mental harrassment and the time lost - how it will be compensated".
As regards the timeframe, you need to be prepared for it. The only Best-case-Scenario I can think of is: once the company realizes that you are prepared to fight it out, they MAY come to the negotiating table for an out-of-court settlement.
And reg the time lost & compensation, I have already suggested about 'damages' that you could include to cover the mental harassment, time lost, cost of other lost opportunities, etc.
All the Best.
Rgds,
TS
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx