Hi,
I joined some Software company for 2 days. But later on I left the company becuase of some personal/health reasons.
I resigned from organisatin by sending an e-mail. but at the time of joining I signed offer letter according to which either party has to give three months notice or 3 months salary at the time of separation . Now they have sent me a notice (On company's Leter head)stating that you should give us either 3 moths salary or 3 months notice period.They are making allegations that you have taken some documents of company with you but I didn't bring any documnets with me. I just have some joining formalities documents of company with me. Can you please suggest me what should I do in this scenarion?
Can company take some legal action against me. Can they take 3 months salary just because of 2 days of employment.
Please suggest me in this regard ASAP.
Thanks
From India, Delhi
I joined some Software company for 2 days. But later on I left the company becuase of some personal/health reasons.
I resigned from organisatin by sending an e-mail. but at the time of joining I signed offer letter according to which either party has to give three months notice or 3 months salary at the time of separation . Now they have sent me a notice (On company's Leter head)stating that you should give us either 3 moths salary or 3 months notice period.They are making allegations that you have taken some documents of company with you but I didn't bring any documnets with me. I just have some joining formalities documents of company with me. Can you please suggest me what should I do in this scenarion?
Can company take some legal action against me. Can they take 3 months salary just because of 2 days of employment.
Please suggest me in this regard ASAP.
Thanks
From India, Delhi
Yes they can go for breach of provisions of agreement of service. but it’s a cumbersome process. and will involve more money and resorce then your three months salary payment.
87
Thanks a lot for your valuable suggestion.
Till now they have sent me only Legal notice (On comany Letter head) if they send me some court Notice sth like this in that case how should I handle the sitaution? Also they are making allegation that I have broought some comp's docs with them but in realityI didn't bring any such document. They have sent me a mail for this. Should I reply on mail that I don't have ne such document with me or should I keep ignoring them?
From India, Delhi
Till now they have sent me only Legal notice (On comany Letter head) if they send me some court Notice sth like this in that case how should I handle the sitaution? Also they are making allegation that I have broought some comp's docs with them but in realityI didn't bring any such document. They have sent me a mail for this. Should I reply on mail that I don't have ne such document with me or should I keep ignoring them?
From India, Delhi
From your query, it is understood that there is a breach of agreement from your side. As far as taking away certain documents is only to coerce you to come to terms with them. I suggest you not to hide your self from replying your stand as far as the documents are concerned. With regard to breach of agreement, sometimes it may need to read in between the lines. The agreement has to be gone through carefully.
On the alternative, you may make peace with them if you have already joined in a good company since such action may jeopardise your prospects in your new company.
All the best.
From India, Madras
On the alternative, you may make peace with them if you have already joined in a good company since such action may jeopardise your prospects in your new company.
All the best.
From India, Madras
Dear Anshul,
Yes a company can take a legal action against the issue of yours. lemme ask you, why did you leave the company abruptly rather than having a word with the HR Department? Do you think by you leaving the job without inform the concern department/authorities is a good ethic?
How ever I would recommend you to meet up the concern people directly and to sort out the issue or it may go worse.
From India, Bangalore
Yes a company can take a legal action against the issue of yours. lemme ask you, why did you leave the company abruptly rather than having a word with the HR Department? Do you think by you leaving the job without inform the concern department/authorities is a good ethic?
How ever I would recommend you to meet up the concern people directly and to sort out the issue or it may go worse.
From India, Bangalore
Thanks a lot!!!
You mean to say that I should reply the mail that I haven't taken any such documnes. right? Also I tried to convince them and also agreed to pay 1 month salary but they didn'y agreed.
As far as new comp is concerned. I have already tld all these things to their HR so it should not be a problem for them.
The contract which I signed is :
"your service shall be terminable by either party giving other 3 months notice period or 3 months salary including allowances in lieu thereof".
Above is the contract which I signed.
Can you please tell me how should I proceed if they go for some court proceeding. Will it be possible for them to extract 3 months salry from me on the gronds of reality?
Or can u please tell me some better solution of this problem. I have already joined some other componay. Can it create some problem?
Please suggest!!!
Thanks in advance!!
From India, Delhi
You mean to say that I should reply the mail that I haven't taken any such documnes. right? Also I tried to convince them and also agreed to pay 1 month salary but they didn'y agreed.
As far as new comp is concerned. I have already tld all these things to their HR so it should not be a problem for them.
The contract which I signed is :
"your service shall be terminable by either party giving other 3 months notice period or 3 months salary including allowances in lieu thereof".
Above is the contract which I signed.
Can you please tell me how should I proceed if they go for some court proceeding. Will it be possible for them to extract 3 months salry from me on the gronds of reality?
Or can u please tell me some better solution of this problem. I have already joined some other componay. Can it create some problem?
Please suggest!!!
Thanks in advance!!
From India, Delhi
Dear Anshul,
Mahesh is right, a company can take a legal action against these kind of issues like yours. If you have left the company because of health problem then why you have not taken the HR department in your belief that you have really health problem. Don't mind but sometimes you people make these kind of mistakes taking it very easy ans most of the times companies don't take these kind of actions, but if they have taken this step then Its really the matter of worry.
Anyways, like Mahesh has already suggested that you should meet up the concern person directly and sort out the issue or it may go worse really.
Regards,
Mukesh Sharma
From India, Ghaziabad
Mahesh is right, a company can take a legal action against these kind of issues like yours. If you have left the company because of health problem then why you have not taken the HR department in your belief that you have really health problem. Don't mind but sometimes you people make these kind of mistakes taking it very easy ans most of the times companies don't take these kind of actions, but if they have taken this step then Its really the matter of worry.
Anyways, like Mahesh has already suggested that you should meet up the concern person directly and sort out the issue or it may go worse really.
Regards,
Mukesh Sharma
From India, Ghaziabad
Hi Mahesh,
Thanks a lot!!
I know ethically it's not gud. But after joining organization I faced some health/personal problem and I felt that It will be difficult for me to continue with this organisation. I have already had a meeting with the concerned person. They are not ready to negotiate. they just want either 3 month salary or 3 months's notice. 3 Months salary is huge amount for me at this stage of life ( ~ 1.65 L). Also As I have already joined some other organisation it won't be possible for me to serve 3 months notice period..
Can u please suggest me some better way to solve this problem?
Also if they take some legal action in that will it be possible for them to take 3 months salary only becoz of 2 days of employment as they haven't spent that much of amount on me?
Please suggest some better way!
From India, Delhi
Thanks a lot!!
I know ethically it's not gud. But after joining organization I faced some health/personal problem and I felt that It will be difficult for me to continue with this organisation. I have already had a meeting with the concerned person. They are not ready to negotiate. they just want either 3 month salary or 3 months's notice. 3 Months salary is huge amount for me at this stage of life ( ~ 1.65 L). Also As I have already joined some other organisation it won't be possible for me to serve 3 months notice period..
Can u please suggest me some better way to solve this problem?
Also if they take some legal action in that will it be possible for them to take 3 months salary only becoz of 2 days of employment as they haven't spent that much of amount on me?
Please suggest some better way!
From India, Delhi
Dear Anshul,
You told that you had quit the company due because of your health issues, however you have also mentioned that you joined another company. It clearly proves that your motive is to join the new company and nothing in regards to health issues of yours.
From India, Bangalore
You told that you had quit the company due because of your health issues, however you have also mentioned that you joined another company. It clearly proves that your motive is to join the new company and nothing in regards to health issues of yours.
From India, Bangalore
Hi Mahesh,
Thanks a lot for feedback!!
It is nothing like this. Actually office was around 20KM form my home and travelling created problem in my back. That was the main reason behind leaving that organisation as my new office is at walking distance. When I joined I was not aware that travelling will create such a big problem. As back problem is still in intial stage so I don't want to take any risk.
From India, Delhi
Thanks a lot for feedback!!
It is nothing like this. Actually office was around 20KM form my home and travelling created problem in my back. That was the main reason behind leaving that organisation as my new office is at walking distance. When I joined I was not aware that travelling will create such a big problem. As back problem is still in intial stage so I don't want to take any risk.
From India, Delhi
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