45 Days Notice

Dear sir.. i am karce. i was working wit a small IT/consulting firm. i am a fresher,4 months after i join, i came across some serious family issue which i cant disclose. i had to shift myself to mi nativ. i had put a mail to my manager asking for few days of leav but he didt accept and asked me to report soon. then i had to put my resigntion letter sinc i had no other choic. now he is behind me askeng pay of 2months or serv notic perid or asking me to face legal consequence. now i am not in stage to serv notc perid or pay the due cos of my family n financial issue. since my reportng person is very much unprofnal. i afried he may spoil my career.
my frinds says that he can trap me by givng any complain by saying loss or stealing some thing. will this b possible? how can i face this issue?
i am not in mind-set to go for an complain or behind any leagel stuff.
now they r sendng me daily mail saying the claus in offer letter. i dont want their expernc letter also, more over they ddnt provd me the pay slip also.
now a days i am nt replyng for their mails.
kindly suggest me wat to do? or wat will i do if they go for leagal action?
since my family is over worred by addingup this isue also.

Hi,

keep a copy of every mail you sent across to the management-- your resignation mail and all others which you have responded-- with you. I hope you have send a mail wherein you have written all the above situation and hence the reason to resign without serving the notice period.

Generally, if an employee exits without serving notice period, the documents( experience letter, relieving letter etc.) and the salary are withheld by the company; they blacklist the employee meaning you can't apply again in that company which I think you don't want even!nothing else will happen.
Please read the appointment letter and see if there is any clause related to this. Please tell the clause and maybe you can be guided further on this.

You don't have to worry so much because they are just harassing you since you left the company without serving notice period. Though it is unprofessional but since there was a urgency at your place, The company should have considered the human part of it also.

You please mention the clause they are sending you, so that the policies of your company can be understood.

Regards

thankz swati..

below i pasted the claus which my managr sent

(**coped from mail**)

.... ..

read the appointment letter carefully for Notice period clause.

Have noted down the points:

15. Termination

We hope your association with us will be a very long one. However, this association may be terminated by either party by giving 45 days notice or on payment of 45 days salary in lieu of the same. However, in the event of willful neglect of your duties, breach of trust, gross indiscipline or any other serious dereliction of duties that many be prejudicial to the interests of the company, the company has the discretion to terminate your services forthwith or with such notice as it deems fit and without any notice pay whatsoever.

(**coped from another mail**)

.... ..

We have not received any reply from your side. We are being requested to serve notice period as per appointment letter clause 15 or settle the account by paying 45 Days salary. (45 days notice or on payment of 45 days salary in lieu of the same.)



Our company secretary / lawyer has been instructed to take action and all expenses towards account settlement will be recovered from you along with 45 days salary.

these r the mails from them.. stating the claus from offer leter.

Swati... as i mentond in my prevs queri.. how will i proceed if they go for an legal action?

do i need to sevr notic perid??/ or pay the deu amount with penalty??

will this b a problem if i opt any other company in fetur career??

nw he startd disturbng the person who i mentioned as my refrnc in my CV.. saying man missing case. so will my refre get troubled further.? as i know he behave highly unprofnal way..so upto wat extend he can go?

thankz in advanc

karce

Pon.. may b its my problem tat i am very senstv person especly in such situation. since i hav not com across such case bfor. so kindly sugest wat if they go legali..?
thankz
karce.

Hi Karce,
Any of the clause do not mention that any legal action will be taken. He is just harassing you.
Nothing will happen; these calls will gradually end as he will get an idea that you are not paying any attention to them.
Stay calm. Change your reference- somebody who is a friend of yours and who understand the situation.
Nothing will happen as company do not have time and efforts to waste just for 45 days salary.
You go ahead and start searching for new job. Don't show this 4 months experience if you do not want- simply mention that the reason of your employment gap is your personal problem.
Cheer up and start looking for a new job. There are hundreds of absconding cases in many companies.. and this one is genuine. Nothing will happen. Just ignore their messages. Stand strong; when you know you are right! :)
Swati

Hello karce,
What was your last-drawn Salary in this company?
Also, you mentioned that they didn't give you any pay-slips. How was the salary given--cash or cheques?
Rgds,
TS

hi taj..
my pkg was 21.655/- .. they said our compny sevr is down, but they use to crdit the amount 28th of evry month in my icici corp accnt.
karce

Hello karce,
That would mean they are threatening to go legal for about Rs.30K.
And you also mentioned it's a small IT company.
So it does sound tough to take on face-value for them go legal for this amount--unless something else is involved.
Like Pon suggested, just hunt for new job & settle down fast--more the delay, the greater the problem for you to explain the gap between your degree & now.
And also, I suggest you retain ALL the mails & other Correspondence carefully--one never knows if & when you may need them.
All the Best.
rgds,
TS

Hi Karce,

From your case, it understands that you are already out of your job and they dont have any replacement till now.

As Mr. TS correctly said that, your employer can process the legal action against you.

My suggestion would be slighly different for this. You can write them a letter that you are unable to continue their services not because of family problem but because of your personal problem (say you are having some physical problem and could not attend the job any more for 1-2 months or 4-5 weeks appr) Due to your physical unfitness, you can deny to serve them.

Off course, this is not a ethically correct, but by this stand you can have a strong ground, on which you can defend yourself from any legal action.

After this letter, dont send any more letter / message or reply. But keep the copy of the letter you sent to them.

In this letter you can request them to consider the case sympathatically and understand your situation. Also request them for not to proceed any legal action as you are not able to physically / economically fight against them.

I am sure, they will take this positively and leave this case.

It is upto you.. If you dont like this.. please forget

Regards,

Atul Malve

Atul..
Mr.TC has mentioned like this
""Hello karce,
That would mean they are threatening to go legal for about Rs.30K.
And you also mentioned it's a small IT company.
So it does sound tough to take on face-value for them go legal for this amount--unless something else is involved.....""