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Amit Singh (Marketing Executive)     19 October 2012

Employment contract broken in 20 days

Hello Sir,

I had very recently signed a employment contract for three years. My employer also took filled A/c Payee cheques to claim damages in future.

On my very first job assignment I was made to do a fraudulent misrepresentation to collect some data. After I completed my task, I realised my mistake and resigned through email. As they would ask me to do the same in future also. I was on work for preicisely 20 days. I was not provided any training what so ever.

The reason I gave in my resignation letter was ---- "Since I was not comfortable with the job and it was not according what I agreed to do, I am resigning".------

They also asked me to all sorts of work which were not mentioned in the contract.

Now the employer is threatening to take legal action against me. I have strong  evidence to support the fact that what I was made to do was fraudulent misrepresentation.


I am very worried about the situation and the chques that I had given him when I signed the contract, a copy of which he never gave even when i repeatedly asked for it. So I dont exactly remember the terms and condition of the contract.

what legal remedy can I take to get back my bank cheques and terminate the contract.  Please Help.



Learning

 2 Replies

Kumar Doab (FIN)     21 October 2012

It is felt that  you may issue a notice and thus notify the company that a cheque number ....dated......{undated if it was} amonut Rs.........{left blank if it you were corced to do so} was extracted from you under force/coercion etc....and this cheque should not be presented, and that you have instructed your bankers to stop the payment by enclosing copy of this notice.

Ensure that your bankers cite your notice as reason.

You may however seek legal opinion from your lawyer before you act and issue notice.You may also show job advertisement, appointment letter, bond if any, standing orders of the company,HR policy,employee rule book, fraudelant transaction citred by you and give inputs in person, and proceed under expert advice.

If you have evidence as cited by you, you should succeed in thumping your feet on the tail of this unscruplous employer.

Did you sign any bond? Against which future damages you had to issue the cheque?

JANAK RAJ VATSA (ADVOCATE)     27 October 2012

what were your terms of contract as per the appointment letter ? was any notice required to be given ? in any case, it is a fait accompli now since you have already resigned. you can inform the company  about cancellation of these cheques and ask your bank not to honour them.


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