Previous employer threatening my friend

[Rambo Prasad]

Hi folks,
One of my co worker is in trouble..Prior to working in my company he worked in a small company for 1.5 months.There was job uncertainity there due to dreath of projects which was conveyed by his project manager, due to which he had no other choice other than quitting.So he emailed his resignation letter to two of his Managers.But his resignation wasn't accepted by the VP of the company and he threatened him with dire consequences if he goes ahead with his move.But my friend then decided not to come from the very next day as he didn't have other option. Now after 5 months he has got a 'SHOW CAUSE' notice from the same office threatening that a legal action would be taken unless he comes and joins within 10 Days.
What to do?

[David O'Meara]

There are one, maybe two options. The first is to get legal advice. The second option is to do what they ask.

[David O'Meara]

Next, my opinion.

If someone gives other advice, he should ask: are you a lawyer?

To me the story sounds like this: Person X didn't like their job so they decided to leave. The company said that they were subject to a work contract. Person X decided not to turn up to work any more, without notice. Personally: not good.

[Naveen K Garg]

Hi Rambo,

I don't think your friend has to worry about anything. Ask him to take to look at the terms and condition written in the appointment letter.

In india this kind of stuff doesn't work due to the nature of the labor law. In worst case you can advise your friend to take help of a lawyer and report the matter to Labour Commissioner/Inspector.

- Naveen

[Abhijit Kumar]

Originally posted by Rambo Prasad:
Hi folks,
One of my co worker is in trouble..Prior to working in my company he worked in a small company for 1.5 months.There was job uncertainity there due to dreath of projects which was conveyed by his project manager, due to which he had no other choice other than quitting.So he emailed his resignation letter to two of his Managers.But his resignation wasn't accepted by the VP of the company and he threatened him with dire consequences if he goes ahead with his move.But my friend then decided not to come from the very next day as he didn't have other option. Now after 5 months he has got a 'SHOW CAUSE' notice from the same office threatening that a legal action would be taken unless he comes and joins within 10 Days.
What to do?

Notice after 5 months? Is it personal grudge or his leaving the company jeopardized some project? Depends upon the T&C in the employement letter, but I don't think it matters much in Indian markets.

AK

[Zodiac Abraham]

I am the friend of Rambo Prasad whom he mentioned about.


This is the letter that I got

SHOW CAUSE NOTICE


You joined our company w.e.f. 19th February 2007 thereby with mutual understanding you signed a Appointment order Letter dated 20th February 2007 with us.

As per the terms and conditions expressed in the Appointment order Letter signed by you

III. You may resign from your employment with the company,. Without furnishing any reason, by giving not less than two month�s prior notice. In case you fail to serve the company during the said notice period, the company reserves the right to recover? Forfeit the salary for the notice period and initiate appropriate legal action against you. However, the company may relieve you anytime before the expiry of the said notice period by paying your remuneration accrued till date.


You have remained absent from duty without any intimation or prior permission or any sanction of leave w.e.f. 21st March 2007. You are hereby required to report immediately within 10 working days from the date of receipt of this letter failing which you employment will be terminated and any dues shall be forfeited.

[Zodiac Abraham]

What is the maximum damage they can cause to me..?Unfortunately I dont have any proof to prove that I emailed my resignation letter well in advance.I forgot to bcc my personal email id when sending it.?

[Ulf Dittmer]

I'll refrain from commenting on the legal aspects, but want to point out that email is not a guaranteed way of communication. Aside from the point that it's poor style not to give notice in person, you should be using a certified letter on occasions like this.

[Kj Reddy]

Originally posted by Zodiac Abraham:
What is the maximum damage they can cause to me..?Unfortunately I dont have any proof to prove that I emailed my resignation letter well in advance.I forgot to bcc my personal email id when sending it.?

As per your appointment letter they can ask you to pay for notice period(2 months), I dont think they can do more than that. If you had proof of your resignation letter that might helped you.

[Arjun Shastry]

Few years back I have shown similar letter to lawyer who even did not care to look at it saying "just don't care".
Many companies have done this in the past.Sometimes here or to people going on H1/L1.But it does not work.
[ August 17, 2007: Message edited by: Arjun Shastry ]

[Sandeep Awasthi]

why not show the letter to lawyer. he/she can tell you exactly what you need to do. i think you will not have to face any major problem other than paying for notice period. But still talk to lawyer.

[Rajesh Narula]

Hi Zodiac Abraham,
Have they mentioned in your appointment letter that if you break the job contract you need to pay some money?.


Regards,
Rajesh

[Zodiac Abraham]

No, they didn't mention that, neither it is written in the offer letter.

[Raghavan Muthu]

Originally posted by Zodiac Abraham:
What is the maximum damage they can cause to me..?Unfortunately I dont have any proof to prove that I emailed my resignation letter well in advance.I forgot to bcc my personal email id when sending it.?[

Hello Zodiac Abraham,

Welcome to JavaRanch.

As you said, keeping our personal email id in BCC helps sometimes especially in these kinda situations. We always learn from lessons.

I think by default all the email programs would have an option of saving the emails into a folder called "Sent Items" which are successfully delivered. In that case, why do you need to bother?

As many others said, i do agree that in Indian Market this does not stand valid. So, you can strongly take a move as you had a valid justifcation at your end.

Good luck

[Ulf Dittmer]

Originally posted by Raghavan Muthu:
...as you had a valid justifcation at your end.

Maybe for resigning, but not for not serving out the notice period. That was a breach of contract regardless of whether the resignation letter was received or not. Furthermore, such cases (and the names associated with it) are remembered, so he did himself no favor with regards to his professional standing.

[Raghavan Muthu]

Originally posted by Ulf Dittmer:

......such cases (and the names associated with it) are remembered, so he did himself no favor with regards to his professional standing.

Thats true. Well acceptable and agreed Ulf!

[Deepak Bala]

Consult a lawyer. That would be the best way to go about it. You should also check if you can now settle this gracefully. If the company has cash to spend and has a legal department they might go all out. The process of the Indian judicial system is snail paced as well and if the proceeding does not turn out well it could drag the company through mud.

Seek legal advice and try to negotiate a settlement and most importantly try to keep this under the carpet so that it does not fall onto the wrong ears. Leaving without notice can hurt both you and the company so try to refrain from doing the same next time.

[Mike Isano]

I hate companies who think you are an endentured servant.

[Ulf Dittmer]

Originally posted by Mike Isano:
I hate companies who think you are an endentured servant.

Did you actually read the thread?

[Henry Wong]

On one hand, I partially agree with Mike here. Two months notice is a large committment -- I would bet that it isn't even enforceable in many states in the US.

On the other hand, if the employee offered a reasonable transition time, along with help at documenting, training, and other items, I would bet that 2 weeks would have been enough.

Henry
[ August 18, 2007: Message edited by: Henry Wong ]