Dear Sir,
I was working with a company in Delhi where I worked for only 3 months. My HOD asked me to go for some work outstation, but I could not go. Instead, due to some of my personal problems and other related issues of work culture, I had to leave the company immediately from that very day when I had to go outstation. So, I didn't go back to them, but I sent my resignation by my personal mail. I was on a probation period of 6 months, and according to the appointment letter, a 1-month notice period is to be given; otherwise, I have to pay one month's salary. I spoke to the HR person and asked if they have any formalities I will do it, but they didn't reply until the next month. Now, I have joined another company, and my previous employer is calling my new company and making my working situation worse. Also, when I emailed HR of my previous company to complete any formalities if any, they didn't reply, and when I called, they said that now I have to answer their lawyer. Can you please suggest what I should do? What kind of legal action will be taken, and how should I answer that legal notice?
Now my ex-company has replied, and this is what he has written: "It is kindly informed that since you left the company illegally, and the company had to suffer a face-off with the clients due to you, the matter has already been referred to the legal department to take appropriate action."
Now, what legal action can he take against me because he is making an issue that I was given an assignment and I didn't go there and gave them resignation by mail.
Please suggest and reply.
From India, New Delhi
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I was working with a company in Delhi where I worked for only 3 months. My HOD asked me to go for some work outstation, but I could not go. Instead, due to some of my personal problems and other related issues of work culture, I had to leave the company immediately from that very day when I had to go outstation. So, I didn't go back to them, but I sent my resignation by my personal mail. I was on a probation period of 6 months, and according to the appointment letter, a 1-month notice period is to be given; otherwise, I have to pay one month's salary. I spoke to the HR person and asked if they have any formalities I will do it, but they didn't reply until the next month. Now, I have joined another company, and my previous employer is calling my new company and making my working situation worse. Also, when I emailed HR of my previous company to complete any formalities if any, they didn't reply, and when I called, they said that now I have to answer their lawyer. Can you please suggest what I should do? What kind of legal action will be taken, and how should I answer that legal notice?
Now my ex-company has replied, and this is what he has written: "It is kindly informed that since you left the company illegally, and the company had to suffer a face-off with the clients due to you, the matter has already been referred to the legal department to take appropriate action."
Now, what legal action can he take against me because he is making an issue that I was given an assignment and I didn't go there and gave them resignation by mail.
Please suggest and reply.
From India, New Delhi
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Dear Friend,
First of all, you have committed a mistake. As seen from your explanation, your intention was not good. As an employee, you were supposed to complete clearance formalities before leaving the job. Generally, no employer pursues such matters unless the employee has caused huge damage to the company by fraud or otherwise, so you are the best judge to decide up to what extent you have damaged the company.
I would suggest that you do not commit such a mistake in the future.
Regards,
Shyam
From India, Delhi
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First of all, you have committed a mistake. As seen from your explanation, your intention was not good. As an employee, you were supposed to complete clearance formalities before leaving the job. Generally, no employer pursues such matters unless the employee has caused huge damage to the company by fraud or otherwise, so you are the best judge to decide up to what extent you have damaged the company.
I would suggest that you do not commit such a mistake in the future.
Regards,
Shyam
From India, Delhi
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Hello UpT,
Shyam has said it right.
I would go a step further and say that you showed the utmost scant respect for professional ethics and propriety. Please don't tell me that your 'personal problems' cropped up that very instant—even assuming they really did. The normal human response mechanism dictates that you go and meet the concerned persons to explain the situation, which you didn't do, thereby losing every opportunity to be given the benefit of doubt. There are some things that have to be put in writing and some that have to be handled face-to-face.
Like the HR person said, you have to talk to their lawyer, and since it's tough talking to a lawyer in legal terms, you will end up hiring one yourself. Please go ahead and do it ASAP—in the process shelling out tidy sums of money, your time, and effort in addition to the associated mental tension.
At least now, please learn from your mistake and realize that just as you have a right (in your impression, mind you) to do whatever you wish to, so does the company. Except that the company has many more resources than you have. However, please note that that doesn't mean that I am advocating you have to 'blindly' do what the employer says—only that you shouldn't give them (or anyone for that matter) a chance to point out against you.
Regards,
TS
From India, Hyderabad
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1650Shyam has said it right.
I would go a step further and say that you showed the utmost scant respect for professional ethics and propriety. Please don't tell me that your 'personal problems' cropped up that very instant—even assuming they really did. The normal human response mechanism dictates that you go and meet the concerned persons to explain the situation, which you didn't do, thereby losing every opportunity to be given the benefit of doubt. There are some things that have to be put in writing and some that have to be handled face-to-face.
Like the HR person said, you have to talk to their lawyer, and since it's tough talking to a lawyer in legal terms, you will end up hiring one yourself. Please go ahead and do it ASAP—in the process shelling out tidy sums of money, your time, and effort in addition to the associated mental tension.
At least now, please learn from your mistake and realize that just as you have a right (in your impression, mind you) to do whatever you wish to, so does the company. Except that the company has many more resources than you have. However, please note that that doesn't mean that I am advocating you have to 'blindly' do what the employer says—only that you shouldn't give them (or anyone for that matter) a chance to point out against you.
Regards,
TS
From India, Hyderabad
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Hi (Cite Contribution) and TS,
I tried to merge the posts but lost your messages. I have to learn how to do it without losing messages in a thread.
Have a nice day.
Simhan
A retired academic in the UK
From United Kingdom
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I tried to merge the posts but lost your messages. I have to learn how to do it without losing messages in a thread.
Have a nice day.
Simhan
A retired academic in the UK
From United Kingdom
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Dear Sir,
What I have written is very much correct, and I am hiding nothing. However, it's not true that I did that intentionally. I was really dealing with a huge bunch of personal as well as professional problems. Even though I wanted to resolve all those issues, my personal problems could not be solved by my company, and the professional problems were created by them, so there is no point in discussing it with them.
Regarding the company's loss, the nature of the job assigned to me would not cause them any financial loss, and I do not possess any of their property. Moreover, as per my appointment, the job's nature for which they were assigning me is not within my job profile, so they cannot compel me to go. I am now waiting for the notice they intend to send and see if they have a solid basis for it.
It is certain that in the future, I will not find myself in such a situation again. Sir, I have two questions:
1) Is there any law that prohibits resignations from being submitted via email?
2) If my ex-employer contacts my current company again to harass me, can I send a legal notice to them?
UpT
From India, New Delhi
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What I have written is very much correct, and I am hiding nothing. However, it's not true that I did that intentionally. I was really dealing with a huge bunch of personal as well as professional problems. Even though I wanted to resolve all those issues, my personal problems could not be solved by my company, and the professional problems were created by them, so there is no point in discussing it with them.
Regarding the company's loss, the nature of the job assigned to me would not cause them any financial loss, and I do not possess any of their property. Moreover, as per my appointment, the job's nature for which they were assigning me is not within my job profile, so they cannot compel me to go. I am now waiting for the notice they intend to send and see if they have a solid basis for it.
It is certain that in the future, I will not find myself in such a situation again. Sir, I have two questions:
1) Is there any law that prohibits resignations from being submitted via email?
2) If my ex-employer contacts my current company again to harass me, can I send a legal notice to them?
UpT
From India, New Delhi
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Sir, my problems didn't crop up at that very time. That's true. These problems have been ongoing for the last few months, and this is well known by all my colleagues as well as company members, but they don't care. However, it's my family, so I have to. Yes, it's true that I could have gone directly to them, but I knew the response would have been the same or would lead to a verbal quarrel, and I was not in a position to discuss all this with them.
From my side, I called the HR head and informed him that I am ready to clear the formalities if they have any. Also, from their end, I have to receive some money, but I didn't ask for it because they didn't call me for the next month. So, I assumed they would have adjusted the same. Now, I am waiting for the notice, and accordingly, I will reply to the situation.
I will remember your advice, sir, and not give the company another chance in the future.
UpT
From India, New Delhi
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From my side, I called the HR head and informed him that I am ready to clear the formalities if they have any. Also, from their end, I have to receive some money, but I didn't ask for it because they didn't call me for the next month. So, I assumed they would have adjusted the same. Now, I am waiting for the notice, and accordingly, I will reply to the situation.
I will remember your advice, sir, and not give the company another chance in the future.
UpT
From India, New Delhi
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Challenges of communication skills.ppt
Legal Clarification on Revocation of Resignation & Severance Dues.pdf