Kapil Garg 07 September 2015

Got legal notice for not serving notice period

Hi,

I was working in Noida for a software firm as a Technical Consultant. The notice period there was of 3 months. I could not serve the notice period, so I asked to buyout. But the Director or HR didn't reply to my resignation for 2 weeks. They verbally told me that complete all your work and handover your work to other colleague and then we will reply. In 2 weeks, I completed my whole work and handover my tasks to other colleague. Still they didn't reply to my resignation. So I left the company without in 1 month without getting any releiving letter or experience letter. While leaving, when I was returning laptop, they refused to give NOC, So I just kept the laptop there, asked my friends to be witness of returning and then left the company. Now I received a notice period which says:

1. Pay 3 months of salary for not serving notice period which is like 1,70,000.

2. Because of you leaving in the middle, our project lost 25 lakh rupees. So pay us 25 Lakh.

3. Return laptop and other gadgets.

4. Return all the confidential documents which you copied from our system (I don't know what document they are talking about, I didn't copy any)

5. Attorney fees of this document i.e. 33,000 rupees.

Please advice, what should I do in this case.

Reply Follow

2 Replies

Kumar Doab (FIN) 07 September 2015

Hope you shall take it positively.

One of the places where an employee should always be careful and not casual is ‘WORKPLACE’.

You alone are responsible for the situation being faced by you.

You should have minuted each and every meeting/interaction, submission of company property, handover , refusal of NOC, etc in writing under proper acknowledgment. Did you narrate in writing?

You should have obtained CCTV footage/audio with video of handover of assets.

Are your friends willing to write that Laptop was left with them and by them with Mr/Ms…………………designation……………………name of company……………………address?

Is your office under CCTV surveillance?

Do you have copy of resignation? Did you tender notice of resignation: if yes what was the notice period tendered by you? On which day from date of resignation you asked to be relieved say 30th day? After how many days from this day (say 30th day) you left?

Did the company issue any acknowledgment? Do you have proof of dispatch, delivery?

Do you have receipt of handover?

What was your designation and nature of duties?

Did you have the power to sanction (not just recommend) increment/leave/appoint/terminate? Can anyone cancel your recommendations?

Are you a member of any employee’s/trade unions?

Advocate Rohit (Advocate) 07 September 2015

Kapil!

You need to respond to the notice through an Advocate. As the company had served legal notice incase you fail to reply then they might take civil or criminal action for recovery of alleged claim and laptops, confidential info. etc.

You may contact on the below given number for legal assistance, if required.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai