Recieved The Legal Notice From My Previous Employer

Hi,

I would like to share my problem with you guys. I hope you would be able to help me out through this interactive medium. Currently, I am facing issues from my previous employer who has sent a legal notice from a legal consultant firm.

I left the organization 10 months back without notice. I hardly worked for 2 months. However, I had signed the bond of 1 lakh rupees with them, provided with a surety's signature and surety identification proof. Also, I didn't give resignation; I absconded. I would like to mention that I didn't like the job as it was in a BPO. I am from a different sector and never worked in a BPO environment. I mentioned this to my manager, and he said I had to serve for at least 1 year. Due to their unwelcoming behavior, I decided to abscond. I also had a conversation with the HR team, and they too were sharp in their communication. I made my decision as I didn't find anyone helping me.

Though I have received a lot of cautionary letters from their side, I ignored them, thinking they would forget.

Now I would like to know, what should I do in this case? Do I need to ignore this notice as well? Are they really going to sue me for this and go to court for the penalty amount? Should I hire an advocate to reply to their notice?

Hi,

It's better to have an advocate to reply to their notice. You will definitely win as no company wants to go to court. There may be many people like you facing the same problem with that company. It's the reputation of the company. Only in cases of integrity issues, manipulating funds, misuse of powers, etc., companies will go to court.

Hope this will bring positive energy to you.

Regards,
Karthik

I am very sure this bond is not legal. Definitely consult a legal advisor on this; he would be your savior!

Dear Harvinder,

If you signed a bond, then you are legally bound to serve the one year unless the company asks you to leave. Now, if they have sent you the legal recovery letter, you should settle this after negotiation with the concerned HR team. As soon as you pay the amount, you should obtain the relieving letter with a No Objection Certificate (NOC).

If the company has not taken any action for three years, then there would be no issue. However, now that they have sent you the letter, you must take this seriously and resolve it promptly.

Thanks and regards,
Sumit Garg

Hi,

If your employer has sent you the notice, you could have cleared it at an early stage rather than letting it become more complicated. No MNC will waste their time and reputation just for Rs 1 lakh. So, it's better for you to respond with some vital communication to the Company HR and resolve the issue.

Thank you.

Hello Harvindar,

I am not sure of the grounds, reasons, or basis for the suggestions of Karthik when he says, "You will definitely win as no company wants to go to court..." and those of AnuVirtuos, "I am very sure this bond is not legal."

Please review this thread about Bonds discussed recently: https://www.citehr.com/423676-legali...anisation.html

Your situation doesn't seem to be much different from the case mentioned in the above-referred thread.

Regarding the options open to you, I concur with Sumit Garg but suggest involving an advocate from your end since many parts of the discussion would be in legal language/terms.

If you weren't interested in a BPO job, why did you join there IN THE FIRST PLACE? Frankly, you may not like this: Suggest thinking BEFORE you act, rather than the other way around—it will help give you peace of mind.

All the Best.

Rgds,
TS

Hi Harvindar,

I have faced a similar issue in the past during my early days when I absconded from a couple of BPOs during my part-time college days. Though now, I regret doing that as I currently work as an HR in a company and understand the pain when I am on the receiving end of it.

But I would like to tell you to kindly ignore the notice that you have received as it holds no value as such and focus on your existing job at hand.

Cheers!
Pallav Thakker

Hi,

Does your bond mention anything about the absconding state? You worked for 2 months and absconded for 10 months... So it has been 1 year since the bond. How about, if you just show up in the company, if they ask, give an application for non-paid personal leave for 10 months? Tell them that you do not want to continue after the term of the year is over. Technically, you never quit, and if the bond doesn't mention it, then the company never fired you. Also, since they did not give you intimation to continue your services after 1 year, there is no question of a notice period at the end of the bond. Consult a lawyer and send an answer to the notice asking for the job termination letter. I am not a lawyer myself, and I will leave it to the legal experts to comment or endorse my suggestion above. But I would like to know if this kind of action will be feasible.

Regards, Amod.

Hi all,

Mr. TS has directed us to the similar link. I find all the arguments made there are worth understanding. A fact that any matured employee who is educated, and if properly briefed about the employment and its prospects as well as consequences in case of non-performance, signs any such document that indicates interest, benefits, penalties, etc., must abide by it. This is only known as integrity on the part of employees and employers both.

Therefore, I feel that HR people must ensure that such policies exist in companies to address these issues with the dignity of employees, keeping the very interest of the management and the organization's repute.

Thanks,
Bijay

I differ from some of the views put here.

Do not assume that the company will not go to court.

The so-called legal consulting firms actually operate on a success fee basis. They get paid more if the matter goes to court, so of course, they will be happy to take it to court.

It's not a question of 1 lakh; it's a question of teaching you a lesson and making an example of you. They would not mind spending 10 times that amount for that purpose, but you will find it really expensive. If they had provided you with some training, especially on proprietary systems, then you are in more trouble.

They had sent you a notice by courier earlier also, so they are not going to forget this matter.

Also, remember, there is a surety involved. They will proceed against him also, and he definitely won't like it. I do not know who the surety is, but you are likely to lose an important relation if he gets a notice for this and more so if he has to go to court over this.

It's also just a matter of time before they find out where you are working and send a notice or letter to the current employer. Your current employer will probably not like it.

You need to get a lawyer to see and review the matter and act according to his advice. Explain to him that you want to avoid a court and specifically to avoid getting the surety in trouble.