Dreamer 25 August 2015

Legal notice from employer

Hello,

I am working for an IT firm in india. While joining this firm my employer promised me to send to US for long term onsite work. For this they have done my H1B visa. I joined this organization April, 2014 and my H1B visa was filled on Dec, 2014. For this visa they asked me to signed on bond agreement which states that I have to pay 6 lakhs incase I switch the employer within 2yrs of visa. The situation now is that even after 8 months of visa they haven't given me any single opportunity yet now and in future also I don't see it to materialize. I latter realize that now I am stuck here as bonded labor. After prior intimation to employer I tried to look for other opportunities and I have secured few of them. I put my resignation on June, 2015 and the employer initially tried to convince me to take back the resignation. I told them I ready to take back resignation in condition if they sent me to US within my notice period of 90 days which is suppose to end in next month. But after knowing that I am not taking the resignation back they tried to threaten me and sent a legal notice. Now I need guidance on plan of action I could take. I need answer on few queries below,

1) What should be appropriate plan of action consider I want the smooth relieving process.

2) On what grounds the employer can go in court against me?

3) What if I send legal notice reply with lawyer to employer and to which the employer didn't reply?

4) My employer main motto is to not give me relieve letter. How I can ensure that I get the relieving documents without paying the bond money? As matter of fact is that its employer incompetency that they are not sending me.

I would appreciate if I get proper guidance on this.

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3 Replies

Advocate Rohit (Advocate) 25 August 2015

since you have already put up your resignation and is on record. your employer has already initiated legal action by serving legal notice upon you.

Now you are bound to reply it appropriately through an Advoctae. you may try to communicate with them (verbally only) parallely but need to repond the said notice with proper facts. Else they might drag you to court without you giving your proper answer to the notice.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN) 25 August 2015

Do you have copy of communications:

---e.g job advt, job application, interview call letter, offer letter, appointment letter, any rule/policy mentioned in appointment letter e.g. HR policy/service rules/employee handbook etc

---exchanged promising US assignment.

--- exchanged for Visa, and Visa application, approval etc

---Bond. Is it stated in Bond that Visa shall be arranged in………………days?

Have you minuted/recorded the communications’ told them I ready to take back resignation in condition if they sent me to US within my notice period of 90 days which is suppose to end in next month. ‘?

How were you threatened? Is it on record?

Relieving letter signifies that nothing is due against employee.

In your case employer has staked claim based on document that you have signed. You need to prove that Bond was created in lieu of……………………..and employer has not fulfilled it/breached it………………..and condition is unconscionable…………….and Bond is void.

The Labor Law Consultant/Service Matters lawyer/Law Firm that has examined all docs on record can advise you the best.

Dreamer 25 August 2015

Thanks Rohit for your reply!!!

I am in process of sending him reply through my lawyer friend. But important thing here is how I can ensure that they pay heed to my reply? By far they just sent me the notice to threaten. What option remains with me if they don't reply to it. Now it just couple of week remaining to complete my notice period and they haven't accepted the resignation or started the handover process. Is there any other legal things I can go with? I want to get out of this organisation with proper relieving documents.

Thanks!!!