Employer threating of taking legal action.
Shlok
(Querist) 28 June 2012
This query is : Resolved
Dear All,
I need your advise on the matter below:-
I would like to tell you that I informed my boss about my illness on 29/April/2012, and asked for two weeks leave and also approval from his side, but I did not receive any revert mail from his side, later on it was communicated to you that I further need to expand the leave period but again no confirmation from his side and more over over the telephone he told me to come to office as soon as possible but since this could not be the case so finally on 16/May/2012 I tendered my resignation the acceptance of which was not received.
Seeing the past trend of myself applying for leaves and no revert back from his side so I waited for his reply, I also got the information that he have hired another person in place of me so in a way it says that he have accepted my resignation. when I became capable of doing a job so I looked for another job and later on got the job.
But now he is threating me by saying that he will destroy my career and is also asking for giving 2 months salary, I want to ask which salary is he speaking the basic or the CTC because in my appointment letter it is not mentioned that the 2 months salary will be basic or the CTC.
Also kindly let me know what are the legal actions he can take and would also like to let you know that all the things were clear to my new company.
Please help
Guest
(Expert) 28 June 2012
Don't rely on verbal assurances, threats or instructions. Whenever you are contacted, ask your employer to send in writing whatever he desires to be complied with.
M/s. Y-not legal services
(Expert) 28 June 2012
how he can can spoil your career..
apart from this query, remaining any thing else? there is nothing mean need not to be worried.
-y.not legal services-
Shlok
(Querist) 28 June 2012
Thanks for your mail, now he has sent by mail that by tomorrow i should submit in my company 2 months salary otherwise he will take legal action against me and will also let me not work with my new employer.
Guest
(Expert) 28 June 2012
You may ask them to intimate the exact amount to be deposited. In the meanwhile, you can check your terms of appointment. If in the terms it is written that you will have to deposit 2 months' salary in lieu of notice period, you will have to deposit. If there was no such condition, you can reply accordingly.
Shlok
(Querist) 28 June 2012
But i want to know which salary is it the basic salary or the gross salary because in the appointment letter only salary is written.
Guest
(Expert) 28 June 2012
Your latest query is premature, while I have already asked to you ask your employer to intimate the exact amount they want to get deposited from you.
In fact, what you are required to ask from your employer, you are asking from us. Better get the information first from your employer. If you feel any doubt about that you should come over here for advice.
M/s. Y-not legal services
(Expert) 29 June 2012
if you are ready to pay your salary instead of challenging them men you are some thing wrong..
they can do nothing against you. if you are genuine mean just challenge them.
-y.not legal services-
Binu Pillai
(Expert) 01 July 2012
Hi Shlok,
I would just say that no body can threaten you as this is illegal but formost thing regarding the legal aspect you want to know so before that I should clarify that the format of appointment letter is important.You should saw it to some legal expert and should take his opinion before moving ahead with any step or you can send me the details of your full case as well as the format of the appointment letter
