Ravi (consultant) 14 December 2011

Reply to legal notice

Hi expert,

I was hired by my ex-employer on January and I was deputed to Chennai to work as consultant at one of customer’s office. I worked them for 11 months, customer asked me to travel US couple of time during the project at their US subsidiary. Meanwhile US subsidiary offered me JOB which I accepted and then reassigned form my Ex-employer, I complete 1.5 months of notice and then my Ex- employer came to know that I am joining US subsidiary of customer which is not at all direct customer of them .

After that, company started threatening me that they will not relive me from my employment and I was force to abscond and travel to US.

No I received legal notice stating that I never reassigned, and as per non-compete agreement I cannot work for US organization. I never sign my offer letter and gave it back which was having these details about terms and condition. They are asking for 11.25Lac INR in one week as compensation else they will file case under section 420 for fraud and cheating.

Please guide me to proceed further.

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10 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 December 2011

Reply the notice stating that there is no agreement between you and co., in respect of the employment, but dont reveal you have not signed to offer letter.

1 Like

Ravi (consultant) 14 December 2011

Do I need to reply via Layer or I can just reply by mail.

mahendrakumar (marketing) 14 December 2011

since there is no binding contract or agreement,they cannot enforce their claim.

you can reply them stating so.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 December 2011

Dear Ravi

engaged a lawyer and send the reply of this notice through your lawyer, in this regard

feel free to call

Sailesh Kumar Shah (Advocate) 14 December 2011

enagaging lawyer would be best in your interest.

Sanjeev (Lawyer) 14 December 2011

There is no requirement for a lawyers reply to the notice you can reply on your own but draft it well giving references to the contract of employment and the notice that the company has issued covering each point.

Generally the companies just issue the notice to the employees at first instance to threaten but do not take any further actions like filing any case in court as it takes a lot of cost and time.

Pvt_RajKing (Private) 14 December 2011

I think the sugestion given above are good. You should reply carefully not admitting antyhing and don't disclose lack of such agreement.... You can send the reply to them via regd post or speed post...

I wouldn't worry about their ability to take you to the court... also keep a good record of your resignation... if you have resigned it thru email then print the same and submit it via regd post as well and keep the proof...

If you want, draft a reply with all the facts against their notice and I can redo it by rephrasing the same without giving them any direct admission or disclosing the evidences...send me a PM with your draft and I will be happy to help with the same...

Good luck!

Kumar Doab (FIN) 14 December 2011

Learned experts/members have given valuable advice. Kindly follow it.

You have not signed and have not accepted the terms hence there is no contract.

You have resigned and you must be able to produce the acknowledgment of resignation, POD.

Company may:

-cite some separation clause and demand notice pay for the period of shortfall in notice and that too you can contest since you have not signed the terms of appointment and you have not abruptly terminated the employment and have given 1.5 months notice which is not a short period and is certainly a reasonably sufficient period. It is believed that company has not circulated the employee rule book, standing orders to you.

-charge that you have caused loss, however since apparently no charge was leveled till date and you have not abruptly terminated the employment company shall not succeed.

It shall be appropriate to consult a competent lawyer/law firm and submit a carefully drafted and structured reply leaving no point and nothing to chance. It is your choice to send this letter as a simple letter from your end or a notice from your end or as a legal notice from your lawyer. It shall be appropriate to emention that you shall be constrained to protest the harassment at the cost and consequences of the company.

V. VASUDEVAN (LEGAL COUNSEL) 16 December 2011

A Legal notice has to be replied by proper process - Registered Post or Speed Post/Airmail. SInce it is imporant to respond effectively, it would be advisable to get the draft reply cleared by a lawyer.

vasudevan