Liquidated damage

Querist :
Anonymous
(Querist) 21 May 2010
This query is : Resolved
Can a employer claim liquidated damages from its employee if the employee has breached the contract and has found a new job without serving the notice period?
A V Vishal
(Expert) 21 May 2010
Yes, if the terms of the employment contract has clauses for such recovery, the employer can sue the employee.

Querist :
Anonymous
(Querist) 21 May 2010
Thanks for the reply. Can you pls shed some light on the ruling which governs this issue please...The employee has resigned from the service within 8 months and has not serve the notice period. He went on leave and never came back. The cheque is kept with the company which was issued by the employee towards liquidated damages. What type of action can be taken against this employee.Pls advice.