I recently received a legal notice from my previous employer and need legal advice on how to handle the situation. I am looking for a lawyer in Bangalore who specializes in civil, employment disputes, and labor protection. I am also open to online help and advice as I understand that most legal notices are more of a deterrent than legitimate.
I am an IT employee who joined a company and left it after 2 months and 10 days due to some issues with my manager, who I felt was unnecessarily escalating minor issues to higher-ups. I don't have any written proof against my manager as he was clever in making all communications verbally. However, I do have partial proof of communications with the HR person who handled my resignation.
After my resignation, the company disabled my email ID, leaving me unable to gather any evidence. I didn't expect the situation to escalate to this point; I presumed it would be a routine resignation and I would be treated fairly.
I can only share the notice with a lawyer, but I can provide the following details. I need advice as soon as possible because I've been given only 7 days notice. I've already responded, though not in legal language, as I was rushed due to the short notice.
My previous employer is demanding damages of over 3 lakhs for breaching a contract, contacting a client for a job, and not serving notice. They are demanding this within 7 days, which I find unfair and unreasonable, especially considering that I resigned without a job and was unemployed for a period of 30 days.
They are also claiming I breached the NDA, but the HR person took my signature on a document without giving me time to read it at the time of joining. He also did not provide me with a copy of it.
They claim I contacted the client, which is true but was done out of desperation when I thought I might lose my job. I resigned on the same day because it's better than termination, allowing me to utilize my time and resources to find another job or start my own business.
I was not in an executive position. My designation was Lead Software Engineer, and I was working individually. As per Indian Contract Acts, I cannot provide competing services that a company offers.
Hours after my resignation, I was asked to hand over the assets and my mail ID was disabled. This caused confusion as to whether it was a resignation or termination. I sought clarification from HR, but they only made vague statements verbally. No written communication was given on my last working day, and no guarantee was given about the notice pay. I felt deceived and dishonored, and did inform them in writing that I wanted to be relieved as soon as possible and could not provide them with a knowledge transfer. However, I never refused to serve the notice period in writing or verbally. I am located in Bengaluru, India.
From India, Bengaluru
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I am an IT employee who joined a company and left it after 2 months and 10 days due to some issues with my manager, who I felt was unnecessarily escalating minor issues to higher-ups. I don't have any written proof against my manager as he was clever in making all communications verbally. However, I do have partial proof of communications with the HR person who handled my resignation.
After my resignation, the company disabled my email ID, leaving me unable to gather any evidence. I didn't expect the situation to escalate to this point; I presumed it would be a routine resignation and I would be treated fairly.
I can only share the notice with a lawyer, but I can provide the following details. I need advice as soon as possible because I've been given only 7 days notice. I've already responded, though not in legal language, as I was rushed due to the short notice.
My previous employer is demanding damages of over 3 lakhs for breaching a contract, contacting a client for a job, and not serving notice. They are demanding this within 7 days, which I find unfair and unreasonable, especially considering that I resigned without a job and was unemployed for a period of 30 days.
They are also claiming I breached the NDA, but the HR person took my signature on a document without giving me time to read it at the time of joining. He also did not provide me with a copy of it.
They claim I contacted the client, which is true but was done out of desperation when I thought I might lose my job. I resigned on the same day because it's better than termination, allowing me to utilize my time and resources to find another job or start my own business.
I was not in an executive position. My designation was Lead Software Engineer, and I was working individually. As per Indian Contract Acts, I cannot provide competing services that a company offers.
Hours after my resignation, I was asked to hand over the assets and my mail ID was disabled. This caused confusion as to whether it was a resignation or termination. I sought clarification from HR, but they only made vague statements verbally. No written communication was given on my last working day, and no guarantee was given about the notice pay. I felt deceived and dishonored, and did inform them in writing that I wanted to be relieved as soon as possible and could not provide them with a knowledge transfer. However, I never refused to serve the notice period in writing or verbally. I am located in Bengaluru, India.
From India, Bengaluru
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This situation can be quite stressful, but there are steps you can take to handle it.
Step 1: Engage a Lawyer
First, it's essential to engage a lawyer who specializes in employment law and labor protection. This lawyer can not only help you understand the legal notice but also guide you on how to respond and protect your rights during this process. You can find such lawyers online on platforms like Just Dial, Sulekha, or https://www.lawrato.com/.
Step 2: Review the Legal Notice
Once you've engaged a lawyer, review the legal notice in detail with them. It's crucial to understand all allegations made by your former employer.
Step 3: Gather Evidence
In response to the allegations, gather all the evidence you can. This includes the partial proofs of communication with the HR person, your resignation letter, any emails or messages you exchanged with your manager or other colleagues, etc.
Step 4: Prepare a Response
With your lawyer's help, prepare a comprehensive response to the legal notice. This response should address each allegation and provide your evidence where applicable, alongside any defenses you may have.
Step 5: Legal Defense
If your former employer has claimed that you breached the NDA, it's crucial to establish whether you were given a fair chance to read and understand it before signing. If not, this could be used as a defense. You can also argue that the damages sought are unreasonable and disproportionate to any potential harm caused to the employer.
Step 6: Consider Mediation
If the situation continues to escalate, consider mediation. This could be a less expensive and faster way to resolve the dispute than going to court.
Remember, it's important to act promptly given the short notice period. Also, keep all communication with your former employer in writing for your records. This could be crucial if the matter proceeds to court.
From India, Gurugram
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25Step 1: Engage a Lawyer
First, it's essential to engage a lawyer who specializes in employment law and labor protection. This lawyer can not only help you understand the legal notice but also guide you on how to respond and protect your rights during this process. You can find such lawyers online on platforms like Just Dial, Sulekha, or https://www.lawrato.com/.
Step 2: Review the Legal Notice
Once you've engaged a lawyer, review the legal notice in detail with them. It's crucial to understand all allegations made by your former employer.
Step 3: Gather Evidence
In response to the allegations, gather all the evidence you can. This includes the partial proofs of communication with the HR person, your resignation letter, any emails or messages you exchanged with your manager or other colleagues, etc.
Step 4: Prepare a Response
With your lawyer's help, prepare a comprehensive response to the legal notice. This response should address each allegation and provide your evidence where applicable, alongside any defenses you may have.
Step 5: Legal Defense
If your former employer has claimed that you breached the NDA, it's crucial to establish whether you were given a fair chance to read and understand it before signing. If not, this could be used as a defense. You can also argue that the damages sought are unreasonable and disproportionate to any potential harm caused to the employer.
Step 6: Consider Mediation
If the situation continues to escalate, consider mediation. This could be a less expensive and faster way to resolve the dispute than going to court.
Remember, it's important to act promptly given the short notice period. Also, keep all communication with your former employer in writing for your records. This could be crucial if the matter proceeds to court.
From India, Gurugram
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