Left Without Serviing Notice Period - Legal Action

I employed with one organisation. I worked for 25 days and due to some personal problem i am forced to relieve from that organisation. I dint inform them prior but i sent a mail formally about my resignation. Later i got a letter from that organisation like i need to survive the notice period or i have to pay the short fall notice period of $7000. I again sent a mail like both physically and mentally i am, not in a position to work but still they are threatening that they will take legal actions against me.Also for the 25 days i survive i dint assign to any work i was totally idle on those days. Please advice how to handle the situation. Is it really possible for them to take a legal action even though i am not ready to work for them.

Hello,
First of all let us know if you have signed any on paper documents like agreement, offer letter, even you got any formally mail by company. If your document will be legal than you need to serve that amount. Otherwise company can not legal action against you.

Yes, I have signed an offer letter that states the below points
a) In the event of you deciding to resign from the services of Company, you will have to give 2 (two) months
prior written notice to the Company
b) In the event you fail to serve out the notice period specified herein, the Company shall be entitled to
approach any Court of competent jurisdiction to recover all costs, damages, losses and expenses incurred
by the Company as a result of your failure to serve out the notice period.
But i am not in a position to work with that organisation due to personal issues. What should i do ?

Yes i have signed the offer leter says the below
a)In the event of you deciding to resign from the services of Company, you will have to give 2 (two) months
prior written notice to the Company
b) In the event you fail to serve out the notice period specified herein, the Company shall be entitled to
approach any Court of competent jurisdiction to recover all costs, damages, losses and expenses incurred
by the Company as a result of your failure to serve out the notice period.
But I am not really ready to work with taht organisation due to personal reason . Please suggest.

As We do not know what are the reasons that you can not go back to work , the following can be done.
1. Serve the notice period and get paid for the time.
2. Pay up .
3. Get ready for legal action.

You can talk to the company HR and let them know about your physical and mental (as you said) problems.
Try to negotiate for some other options. May be less payback or less service time where you will complete knowledge and responsibilities transfer.

Once you reported for employment on your acceptance of offer letter of an employer, you are bound to work the notice period on submission of your desirability of leaving the organization. Please note no employer of a repute will encourage an unilateral separation of employment by an employee in violating the service condition. You are advised to negotiate your employer in a cordial manner in arrving at a mutual settlement or other wise they will succeed in legal action, if any is initiated against you, which also will cause you an additional mental torture in the legal battle with the consumption of prolonged time. The employer taking such action against such erring employee for the reason that that should be a message for other employees, who propose to the leave the organization in an abrupt manner. Therefore, you please think twice & act in diplomatic manner without causing any injury to eiher side.
Thanks & regards
V Sridharan
Madurai

For a period of 25 days working, wherein you were not assigned any job and was idle, the employer cannot force you to serve the notice period for 2 months, at the most they will not pay for the 25 days you worked. So don't worry take ease

Hi Folks,
I was working with Infy till Dec last year. Due to some family issues I had to quit the organisation without serving notice and today I got a mail asking me to pay 96k as F&F settlement in lieu of not serving notice. Pls could you suggest if this can be legally enforced upon me and what are my options. I joined the company early last year as a lateral & had completed probation.
Regards,
Singh

Please read the termination clause of your company, if it is written to serve notice period and not served they will deduct/demand the Notice Pay, which was mutually agreed and signed by you as acceptance. So nothing much can be done but you can still negotiate with your employer and come out with an amicable solution across the table.