Anonymous
I have been employed in a company for the past 8 months in IT. I have signed the appointment letter and offer letter, which were in the custody of the employer. However, I haven't received my copy of the same. I have now decided to quit my job citing personal problems, but my employer sent me a legal notice, forcing me to work the notice period of 3 months or threatening to sue me for data theft. What should I do? Note: there isn't a buyout option available as well.
From India, Madurai
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KK!HR
1593

Since you unconditionally accepted, you are bound by the notice period stated in the offer and appointment letter. Your query is silent on the duration of the notice period.

Data theft is entirely different from the notice period and requires concrete evidence to prove guilt; it is not an easy task. It appears to be a threatening tactic to pressure you into paying up.

You need to evaluate the evidence against you. Consider writing to the authorities, mentioning the threat you have received and strongly countering it as a defensive tactic.

From India, Mumbai
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Hello Dear,

Data theft and notice period are two different things; we can't merge data theft and notice period together. Without any evidence or proof, an employer cannot impose such baseless allegations against you. Communicate with your HR for the same and express your concerns properly. If you have signed, you should complete the notice period accordingly, or you can buy it out. However, as you mentioned that there's no option to buy the notice period, let them know about your problems and discuss waiving off the notice period.


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Hi,

Why didn't you ask for the appointment letter at the time of joining? Make a request to the employer and ask for a copy of your appointment letter. Give them assurance that you will serve the notice period as mentioned in the signed appointment letter.

From India, Madras
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