Termination of job without serving notice period

Querist : Anonymous (Querist) 21 February 2018 This query is : Resolved
I am a recent graduate and had taken employment as soon as I finished my uni. My employment contract had a clause stated below:
On satisfactory completion of the probation period and except
for earlier termination by the Company as provided herein, your services can be terminated by giving notice of two months or payment of basic salary in lieu thereof on either side. However in the event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to completion of the stipulated notice period of two months.

I got a new job offer on 15 Feb 2018 stating that I will be appointed for new post on 19th Feb. 2018 and I signed the offer document on 15/2/2017 without consulting with my old employer.

I had a conversation with my old employer about resigning the job on 15 Feb 2018 as I had got a new opportunity and sent a resignation letter along with a request to accept it and consider relieving me without serving the notice period. However I have also said that I would pay 2 months pay in lieu of notice if they want me to do so.

The employer is adamant and asking me to serve 2 months of notice period and isn't happy to accept salary in lieu thereof. He has threatened me that he will blacklist me and file a suit against me if I do not serve the notice period.

Also, in telephonic conversation the old employer asked me to pay back to him salary for entire duration of my employment which is almost a year, in other words he wants me to pay back all what's I received for my work done for a year. If I do so he would provide me with a relieving letter. He has not said that husband in writing g though.

With regards to my new employer, I had told them that I have not signed any contract at my previously work place however now since my old employer is saying that he has a signed copy of my contract, I am doubting myself and am unsure whether I have signed the contracts or not. I have started working for new employer already and they are repeatedly asking me whether I had signed any paperwork at previously employment.

What are the risks/consequences that I may have to face in Thisbe situation.

My old employer has already spoken with my new employer that he will sue me and have talked with the professor so of my college.

What should Ben my next course of action?

Follow Query

Report Abuse

P. Venu (Expert) 22 February 2018
Every condition/clause in a agreement is bound to be reciprocatory; no party can bargain an upper hand. You can resign the job by tendering notice pay.

Dr J C Vashista (Expert) 22 February 2018
If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for anonymous author.

Kumar Doab (Expert) 27 February 2018
AQ so NO reply……………

Kumar Doab (Expert) 27 February 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….

Ms.Usha Kapoor (Expert) 02 July 2018
I do agree with experts.

Ms.Usha Kapoor (Expert) 02 July 2018
Agree with Venu's opinion.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries