LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Annoynmous   10 March 2024

please advice

Respected Advocates,

I accepted employment with an organization on Nov '23 and while joining I had signed a bond of 18 months employment and If I leave company in less than 18 months , I will have to pay them 2 months of salary.

I left company in Feb'24 because of lot of work pressure, no overtime payment, and toxic/ fearful/ rude environment created by CEO.

1st of Feb morning , I sent an email - Greetings, everyone


This email is in reference to my hardest decision that I have decided to quit. I needed my personal space due to which I have taken this decision.


This is hard time for me and need peace of mind henceforth I am not available on phone calls/msgs this week.


I do not possess any assets of organization.


Forgive me if this has hurt you but I took this step after a lot of
consideration.


Thank you.

.........

And they reverted -

You are under an employment agreement with us for 18 months and based on that clause you are required to serve 2 months of notice or pay us back 2 months of latest salary for the training cost incurred on you. Any violation of this clause may attract legal action.


You need to immediately meet us in person to discuss further course of action.

..........

They kept on calling me but I didn't respond rather want to keep everything in written on email.

In response to above email , I wrote-

Greetings, everyone


I joined this organisation because I was assured that organisation is human centric, maintains professionalism and enables growth.


But I didn't feel it and following are the reasons - 


I was told it is 5 days working but the team had been working on Saturdays throughout and on demand of meeting the deadlines , I've worked on Sundays too. I would like you to check RDP login and log out hours. I had requested for Saturday off but it was not heard.


After having being exhausted in office, I have resumed working from home after coming from office and not being paid for overtime.

I had asked to change department if such things prevails in existing department but I was told that's not possible.


Lot of micromanagement, our timesheets were particularly checked and were questioned if it's not billable and a lot of fear grew up.


Cannot apply for leaves if we had work (and we had lot of work all throughout the months)


I was denied for taking leaves and asked to work from home which completely looses the sense of leaves.


I was told to ask management before planning for time off. 


I still regret not leaving earlier when my uncle was not doing well. I was swamped in work, no backup, not provided leave instead work from home and so forth not being able to take care of my uncle to save him. This was the biggest shock and major loss which nothing can compensate.


There was no proper HRMS. Holding experience of big corporates, I expected professionalism- here I felt interference. Management should promote healthy environment, healthy touch, healthy talks and control it.


Never in my life I was so distressed and so hard but first time situations have made me this.


It was really very difficult to wake up for office with happy mindset and go office happily.


My personal life was drastically affected and I am bearing its consequences now.


I didn't want to come down to  this bauble but since below email mentions of serving 2 months notice period or 2 months of pay - Company has been holding my guaranteed annual retention amount from the agreed salary. I would like to know specialized tools and training cells being deployed for me. I started my billable work on ME companies from the very next day of joining and for which organization never incurred any expenses,rather I have brought in valuable tricks to ease and simplify the concepts and work from day 2. I could have given 2 months of notice period given that things were easy at workplace.


I looked for softness, politeness everytime. Never In my life people have talked harshly, with raised/loud voice. All such unprofessional activities made it a fearful workplace for me.


Looking at lot of visible negative consequences personally and taking lot of things into consideration past few months, universe led me take this decision.


Carrying a lot of positivity with God's grace, who has really pampered me well during this phase, I only wish the best to all. May you all grow and flow.


God bless!


.........


Lastly they have written -

The email below is false defamation to our company. We are submitting this to our legal counsel team for appropriate action.


Thanks

......

Please advise what my next course of action could be. Can they really take action because I had no bad intentions against them rather coming from big corporates and then working in startup with lot of micromanagement, My personal happiness was majorly affected so I left.

I didn't give them notice period because I knew my everyday at office would have become hell because CEO is rude, talks harshly and loudly, passes taunts and they would not have paid me for 2 months notice period. As their policy says that either complete 18 months or pay 2 months salary while leaving.

1. What options they have to take legal action?
2. How can i prepare myself to be a stronger side?

P.S - Other employees of the organization also faces the same issues but they are freshers , do not hold experience , so they remain quite and do not stand against them.

please and thank you.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 March 2024

1. They may file a suit for recovery of notice period compensation amount.

2. Since you have accepted and signed the employment offer letter, your defence may not fetch you desired relief in case of any litigation for recovery.

Dr. J C Vashista (Advocate )     11 March 2024

Terms and conditions of appointment shall prevail which are binding on both parties i.e., emploer and employee.

Instead of posting such a lengthy story it is advisable to be brief and specific if you need some help an obligation of experts on this platform otherwise consult a local prudent lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register