Hi
I worked diligently with a company for 9 months. However had an argument with my boss 2 months back and I left the organization immediately without serving the notice period. I was so angry that time I just sent a resignation letter, said bye and left. The new company where I am working now knew about this incident and didn't ask for relieving letter. However the old company is now sending me regular mails asking me to pay them off in lieu of the notice period.
Had I left amicably I would have paid the amount, but the way they behaved I just dont want to do it. I just want to understand the legal implications if I do not pay them.
  • Would a company send a legal notice for small amount like 10,000?
  • If they send a legal notice, how can I save myself? I have no proof that I was wronged by my boss.
  • Can I join them back to serve the notice period?

From India, Mumbai
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Hello Punamm,

This is a common case in most of the organizations. But in your situation, things could have been sorted out in a better way. What I mean is, you could have been calm and had a talk with your boss and resigned on mutual understanding. Most of the companies do this (Especially when they want to terminate any employee). You have not mentioned about any signing of Bond when you joined your company. So I assume that you have already signed a bond (Considering your concern on this whole notice period issue). Now to answer you questions:

1) Would a company send a legal notice for small amount like 10,000?
- Well, it all depends on the company and the boss. Even if the company is big and Rs.10,000/- is nothing when compared to the profits that they make, they will do so to make sure that the company does not look like it lost to its employee.

2) If they send a legal notice, how can I save myself? I have no proof that I was wronged by my boss.
- You yourself gave the answer for this. If you have signed a bond, you cannot defend your argument without a proof which supports you.

3) Can I join them back to serve the notice period?
- About this I am not sure. You can try asking your previous employer and if they agree to take you in, that will be your good luck ;-)
But remember to ask yourself this these questions before joining your previous employer. 1) Will your current employer agree to leave you to the old employer to serve the notice period? 2) Will the current employer consider this period as a long leave and take you back when you return?

From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains some inaccuracies: 1. A company can legally send a notice for recovery of notice period amount. 2. The presence of a bond doesn't necessarily prevent legal action. 3. Rejoining to serve notice period depends on mutual agreement and employer policies.
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  • oops :( I just don’t want to pay them...still feeling cheated and hurt. Let’s see if they send a legal notice.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. It's important to address the situation promptly and professionally to avoid legal consequences, regardless of feelings.
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  • Punamm , Just wondering if they ever sent you a legal notice? Was the issue resolved and did you have to pay.? Asking coz im facing the same issue.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply does not provide accurate information. There is no mention in the original post about whether legal notice was sent or if the issue was resolved. It is essential to address the legal implications and options the individual has in this situation.
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  • Dear Punamm,
    Read your appointment letter carefully and if there are any clause pertaining to concern raised, I would advise you to resolve the issue amicably and don't think emotionally. If you see that you can't prove your point to the parties involved, better pay the amount and move on.
    Best of luck!!

    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is partially correct. It is important to follow the terms of the appointment letter and try to resolve issues amicably. However, paying the amount without legal basis may not be necessary. Seek legal advice before taking any action.
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