Dear Sir,
I got a legal notice form my last company with is an IT company and i was working with them since last 4.8years, i have left the company without giving notice of one month and leave only ten days salary. i have not signed any bond with them and mentaly harassed by some of the senior people.
they have kept my 12th original certificate as per company rules, when i was joined & it is still with them only.
now they have issued legal notice by an advocate with so many elegations like, theft of sofware, confidential data sharing with present company, client name sharing with present company etc etc. and asking the damage charges of Rs. 2800000 within 10 days or else they will take criminal action against me.
please suggest me what should i do? should i reply? should i go to an advocate? what can be the lowest/highest action against me? where i am innocent. is police will involve into it?
regards,
sumanta
From India, Pune
I got a legal notice form my last company with is an IT company and i was working with them since last 4.8years, i have left the company without giving notice of one month and leave only ten days salary. i have not signed any bond with them and mentaly harassed by some of the senior people.
they have kept my 12th original certificate as per company rules, when i was joined & it is still with them only.
now they have issued legal notice by an advocate with so many elegations like, theft of sofware, confidential data sharing with present company, client name sharing with present company etc etc. and asking the damage charges of Rs. 2800000 within 10 days or else they will take criminal action against me.
please suggest me what should i do? should i reply? should i go to an advocate? what can be the lowest/highest action against me? where i am innocent. is police will involve into it?
regards,
sumanta
From India, Pune
Hi,
Dont worry about this,because maximum companies are used only Lawyer's letter head and written everything with in his own words so now you can consult with lawyer and send a notice also and ask him regarding his damaged.
regards
jitendra
From India
Contributing Member
1Dont worry about this,because maximum companies are used only Lawyer's letter head and written everything with in his own words so now you can consult with lawyer and send a notice also and ask him regarding his damaged.
regards
jitendra
From India
Contributing Member
Nothing to worry Sumant. They just want to create a mental pressure on you. May be, as they know about you, they might be thinking that you will fear in these kind of situations and approach them for compromise and settlement.
Just meet a reputed and genuine advocate, take his / her advice and prepare to send reply to the legal notice as soon as possible. You can even charge them for this mental harrasment, which you can discuss with your advocate.
Thanks & Regards
CRK
From India, Vijayawada
Contributing Member
Just meet a reputed and genuine advocate, take his / her advice and prepare to send reply to the legal notice as soon as possible. You can even charge them for this mental harrasment, which you can discuss with your advocate.
Thanks & Regards
CRK
From India, Vijayawada
Contributing Member
Dear Mr. Sumant,
Pl. note that you have to hand over all the relevant documents and other related things to the previous employer and obtain a relieving letter. Submitting a resignation letter and with out completing the notice period leads to legal action, this will comes under double employment. They may also send a notice to your present employer, nothing to much worried but better to complete the handing over formalitites some how obtain the clearance.
Secondly go through your previous employer's appointment letter. What are the critical clauses, they might have had a stringent notice period and handing over clauses is the reason they might have sent you the legal notice.
It is better for you to obtain the clearance from any employer and join the new organization, this will be useful for you in your career.
with best regards - kameswarao
From India, Hyderabad
Contributing Member
Pl. note that you have to hand over all the relevant documents and other related things to the previous employer and obtain a relieving letter. Submitting a resignation letter and with out completing the notice period leads to legal action, this will comes under double employment. They may also send a notice to your present employer, nothing to much worried but better to complete the handing over formalitites some how obtain the clearance.
Secondly go through your previous employer's appointment letter. What are the critical clauses, they might have had a stringent notice period and handing over clauses is the reason they might have sent you the legal notice.
It is better for you to obtain the clearance from any employer and join the new organization, this will be useful for you in your career.
with best regards - kameswarao
From India, Hyderabad
Contributing Member
Dear Shri.Sumant,
I m agree with Kameswarrao opinion,but u have to see the contains in the Appointment letter about the confidentiality of document and papers,and check urself whether u violated that rule if so then they have reserve that authority.And very bad thing without resign u left the company hence they have valid point to blame u for any reason which is in the appointment letter.kept urself ready one advocate to answer the letter,do not keep ideal answer the letter,plz.
Shrikant.
9423376641
From India, Pune
I m agree with Kameswarrao opinion,but u have to see the contains in the Appointment letter about the confidentiality of document and papers,and check urself whether u violated that rule if so then they have reserve that authority.And very bad thing without resign u left the company hence they have valid point to blame u for any reason which is in the appointment letter.kept urself ready one advocate to answer the letter,do not keep ideal answer the letter,plz.
Shrikant.
9423376641
From India, Pune
I agree with Shri Kameshwarao,
At least there would be your formal response as a token of willingness to settle the case. However, you may quote the harassment (people) which led you skip, they may also not willing in creating more number of such cases against employees as it would reflect their own mis-management.
From India, New Delhi
Contributing Member
At least there would be your formal response as a token of willingness to settle the case. However, you may quote the harassment (people) which led you skip, they may also not willing in creating more number of such cases against employees as it would reflect their own mis-management.
From India, New Delhi
Contributing Member
Dear Mr.Sumant,
I agree with the views that ethics and also contractual terms demand that you should submit a resignation before coming out an organisation. After resignation, it is the responsibility of management to follow the procedure and relieve you as per procedure. If they do not relieve you, it would be appropriate on your part to come out on your own without any settlement.
Coming to notice, do not worry much. It will be a long battle if company goes to court. Meanwhile, you reply suitably to legal notice by denying various allegations made therein. Your may take the help of a lawyer to reply.
All the best.
bye
agdesai
From India, Madras
I agree with the views that ethics and also contractual terms demand that you should submit a resignation before coming out an organisation. After resignation, it is the responsibility of management to follow the procedure and relieve you as per procedure. If they do not relieve you, it would be appropriate on your part to come out on your own without any settlement.
Coming to notice, do not worry much. It will be a long battle if company goes to court. Meanwhile, you reply suitably to legal notice by denying various allegations made therein. Your may take the help of a lawyer to reply.
All the best.
bye
agdesai
From India, Madras
Sumanta - 2 points here, from the perspective of ethics :
1. It is always best to serve notice period and come out with a release letter
2. Do ensure that you have not voilated any terms of employment, including confidentiality
However, given the current context, it is advisable that you engage a lawyer to reply to the letter - you'd have to give him the facts of the matter.
You may post your query on Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers and seek advice.
Archana
From India, Mumbai
Contributing Member
1. It is always best to serve notice period and come out with a release letter
2. Do ensure that you have not voilated any terms of employment, including confidentiality
However, given the current context, it is advisable that you engage a lawyer to reply to the letter - you'd have to give him the facts of the matter.
You may post your query on Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers and seek advice.
Archana
From India, Mumbai
Contributing Member
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.
Legal Notice.pdf