Legal notice -
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
After leaving my company i get a legal notice of paying them money against company expense, where as no agreement was signed in this regard.
Now i have got a legal notice asking me to pay the amount with in 7 days.
pls suggest.
mahendrakumar
(Expert) 21 December 2011
If there is no agreement as per your employment letter or otherwise,they cannot enforce the claim.
you may either ignore the notice or reply to the same.
Querist :
Anonymous
(Querist) 21 December 2011
Thanks for the reply, they have mentioned that i have to also pay 24% per month as interest, should i speak to the company legal team, or get in touch with a lawyer.
They have already cut my notice period pay.. put a huge amount on me to pay.
Pls suggest
Devajyoti Barman
(Expert) 21 December 2011
Since there is nothing in writing regarding the claim of the company, You need not worry much about the legal notice.
No need of a lawyer either nor need to approach a lawyer.
The company is not going to do anything except sending legal notice.
Sailesh Kumar Shah
(Expert) 21 December 2011
you need not to worry much, since there is no agreement. Keep silent.
Deepak Nair
(Expert) 21 December 2011
Yes, since there is no agreement, then the company cannot legally claim anything from you.
R.Ramachandran
(Expert) 21 December 2011
Dear Mr. Rahul Kapoor,
Do they refer to any agreement in the legal notice?
Querist :
Anonymous
(Querist) 21 December 2011
Thanks for your reply, its a legal notice, they have mentioned it as - money against company expense / Joining expense.
Deepak Nair
(Expert) 21 December 2011
Nothing to worry. These are the regular / routine expenses which the companies undergo and these expenses are nominal. there is no provision in law to claim this amount from an employee in case he resigns. The claim of your employer is illegal and it seems that it is an attempt to escape from its liability to pay any outstanding amount due to you.
Raj Kumar Makkad
(Expert) 22 December 2011
None is paying heed to the question of author wherein he is crying that his notice pay is pending in the court of the company and it has not been paid as on day.
You require the service of a lawyer for replying the notice and claiming therein your notice pay within a specified period failing which to face a civil suit.
Deepak Nair
(Expert) 22 December 2011
Yes. I too agree with Mr. Rajkumar Makkad.
prabhakar singh
(Expert) 22 December 2011
In absence of any agreement signed by you the notice is bad in law and company has wrongly withheld your pay.In case you want to agitate the wrongful deduction and want to realize it back then you need to file a suit for which a lawyer would be your necessity but in case the amount involved is not too much avoid to file suit as it would be another harassment for you with relation to time and cost.In case they file any suit you may by counter claim your money in their suit.
If you want to reply the notice you may visit a lawyer,however even if you do not reply that shall not be construed that you admitted the notice.
