Can i sue my employer
Afrin Kazi
(Querist) 30 January 2018
This query is : Open
I was working with an organization in Mumbai, India from 20- March 2017, due to a lot of internal politics & unstructured and unorganized style of work I decided to move on. My letter of employment stated a 3 months notice but after discussing with my reporting manager I got an early reliever in a month. In that period I completed my handover process. And have even got my experience/ relieving letter.
Now after a month of joining elsewhere they have sent me a notice (on company letter head) stating I need to pay them a compensation of 2 months salary as I didn't serve 3 months.
I believe it is wrongful of them to send me such notice and harassing me. They tried piling new projects on me on my notice period, they made me slog at work. The organization lacked so much of culture that I quit without waiting for a month and claiming my annual bonus despite my performance.
Need urgent advise whether I am in a position to file a case against the employer. Kindly help me with the procedures.
Thanking you in advance
Dr J C Vashista
(Expert) 31 January 2018
The terms and conditions of your appointment shall have to be referred, generally notice period is 3 months.
However, when the company has relieved, issued experience certificate and made full and final settlement issuance of demand notice for remaining 2 months is untenable.
Guest
(Expert) 31 January 2018
There is no restriction on you to sue your employer, but failure of your case is surely destined, as no court can give you any relief against the prescribed terms & conditions of your employment. If you left the job early by not following the condition of resignation that was for your own convenience, not in the interest of the company. You will have to compensate the company as per the terms of resignation for the period short of notice period.
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Afrin Kazi
(Querist) 31 January 2018
Thanks for your inputs Dr Vashista and Mr Dhingra. Please note I had a clearance from the India team (whom I reported into) and also have my resignation and exit date acceptance from them on email with the country head in loop in that communication. They apart from giving me my experience letter, cleared my FNF too. Suddenly after a month the CEO of the company (based in the US) who wasn't willing to let me go has initiated this notice. He had designated candidates in India to take call on appointment of employees then is it right that he gets involved in such petty issues, even when I haven't done anything unlawful with them. And why is there a difference in treatment of employees, they let go of employees even within 15 days as it is totally between the employee and the country managements discretion, in my case I had approvals from my reporting manager as well as country General Manager.
