Legal Action On Leaving Company On 2nd Day

Hello all,

I left my job on the 2nd day itself because of some critical issues and sent a resignation email to HR on the same day. I was in the probation period and completed all the joining processes within 2 days. I didn't take a single penny from the company, but now they are asking for 70,000 for the recovery of the notice period; otherwise, they will take legal action against me. 70,000 is a significant amount that I can't pay right now. Please suggest what I should do.

I also have a few questions:
1. Will this situation affect my career? I may look for new opportunities in the future.
2. What would happen if they take legal action against me?

Your help on this matter is greatly appreciated.

Thanks

Did you sign any bond or agreement with the company? Having served only 2 days, they cannot ask for such a kind of amount. On what grounds are they asking for Rs 70,000? If they take legal action, they are likely to lose the battle. You need to furnish more details for a full answer. Did they start some training in these 2 days? You need not mention this job on your CV anyway.

Did you sign any bond or agreement with the company? Did you submit any certificates or other documents with the company? If they take legal action, they are likely to lose the battle.

Hello Nathrao,
Thanks for your reply.

1. Did you sign any bond or agreement with the company?
No, I didn't sign any bond, but on the 2nd day, I signed so many papers. In one of those papers, it was mentioned that a 2-month notice period must be served or paid for. I am unable to recall the exact details as it occurred 2 months ago. Apart from the offer letter, I have not received any other documents from the company.

2. Did they start any training in these 2 days?
No, training did not commence during those 2 days.

Hello Ssreddy,
Thanks for your reply.
1. Did you sign any bond or agreement with the company?
No I didn't sign any bond, but on 2nd day I have signed on so many papers, in one of those papers it was mentioned like 2 month notice period you have to serve or pay for 2 month notice period or something like that they have mentioned which I am not able to remember as it happened 2 months back.
I only got offer letter from the company apart from that no other papers.
2. did you submit any certificates or other doc’s with the company?
No original doc’s I submit over there, because on the day of joining I didn't have original revealing and experience letter.

Dear Monalitiwari,

A company asking for Rs. 70K upon leaving the employment the next day of joining should be awarded.

There is a need for such a company to introspect itself and find out why an employee is leaving on the very next day of joining and take corrective steps if there is something wrong with it.

I don't feel that the company can initiate any legal proceedings against you even if you have signed many papers on the 2nd day of your employment.

My advice to you is to send a letter to the company by registered AD, mentioning the prevailing circumstances leading to the decision to quit the employment on the very second day of joining. You should also state that the company has taken your signatures on many papers and has not provided you with copies of such papers. Additionally, mention that you are not liable to pay any compensation, damages, short notice pay, etc., to the company under the above circumstances that compelled or forced you to quit the employment on the very second day of joining.

The company cannot include a clause of 2 months' notice for probationers.

Now, addressing your queries, my response is as follows:

1. Will it affect my career (maybe after some time I will look forward to new opportunities)?

Two days of employment are just like no employment and cannot be counted. The only issue may arise from the gap after your earlier employment, but you did not mention whether you were employed before joining this company. Another problem you may encounter is negotiating salary with a prospective employer when you are not currently employed.

2. What if they take any legal action against me?

The company cannot take any legal action against you. If they do initiate any action, you should seek legal advice from a lawyer to protect yourself. The chances for the company to win such a battle are slim.

Please let me know if you need further assistance or clarification on any of the points discussed.

Best regards,
[Your Name]

Hi Monali,

If the company has 'arranged' any trainings and has already paid for them, then they can ask for a refund from you.

Additionally, they can request reimbursement for any relocation expenses, charges incurred during the interview process (such as travel and stay allowances), etc. This is usually in the form of notice period pay.

A company may choose to initiate legal action. While it may be acceptable for a company to spend money on such actions, it can be challenging for individuals personally to invest time and money in such matters.

Consider contacting the company's HR department to address and resolve the issue on a personal level as much as possible.

As Mr. Koregaonkar mentioned, do not succumb to threats of legal action. Instead, maintain a positive attitude and attempt to negotiate and settle the matter outside of court.

I concur with Mr. Koregaonkar's perspective that the company should reflect on its policies and consider potential changes in handling methods.

However, the message gives the impression that the company was not at fault for your resignation on the second day. It appears that you resigned due to personal reasons and did not complete the relieving process clearly. Your previous post also suggests that you did not pay close attention during the joining process.

It might be beneficial to address these aspects for your future job opportunities.

Best Regards,

Amod Bobade.

"Your earlier post indicates that you did not perform your joining process very attentively. You might want to work on these aspects for your next job. Absolutely essential to read the fine print of all documents one signs. The devil is in the small print. However, the querist need not worry too much as she left on the second day. But due care is necessary in leaving and joining companies. Pay special attention to all formalities."