I was working for a company for 18 months, and there were quite many issues (such as lack of vision, focus, late payment of salaries sometimes going 3 months, working environment etc) that forced me to search for an alternate. Just a week back, i applied for a post, and after the hiring process i am selected. Now the new company has asked me join within few days. So, I resigned from my current position. Now when my boss came to know about my resignation, he actually threatened me of dire consequences, that I will file a legal case against you and I will ruin your career. He said, give a month notice prior resignation. Now, in the employee agreement it is clearly mentioned that if I leave the company without giving 30 days notice, I will have to forego one month salary, which I have. Now, can my employer take legal action against me based upon the above situation ?
From Pakistan, Karachi
From Pakistan, Karachi
Hi MIF,
Don't worry about this as your employer will not take a legal call against you for sure. No Company has the rights to threaten any employees by any means as it is illegal.
Since you failed to serve one month notice period as mentioned in the offer letter, kindly write to them once again with a copy to MD or Top level executive if possible and request them that you are ready to pay for a month and you are not able to serve for a month time due to family issues.
Keep the following in your mind and let me know your answer:
1. They failed to do their duty as an employer in terms of on time salary, providing good environment etc and no employee will work for a company which doest pay for their contribution.
a) Do you have any proof for delayed salary from the company?
b) They may delay or refuse to give Exp / relieving order to you, if it is so, will it not be a problem for you when you join in new company? Is your new employer ok if you join without Exp / Relieving order?
c) Is there any dues to be paid to you by your current company? If yes, you must claim for the same and they can not refuse to complete F&F settlement.
d) if possible, try to meet your HR people and immediate boss and explain about your situation (do not mention that you are joining new company). Request them to do the needful in a polite way.
Regards,
M.Kannan
From India, Madurai
159Don't worry about this as your employer will not take a legal call against you for sure. No Company has the rights to threaten any employees by any means as it is illegal.
Since you failed to serve one month notice period as mentioned in the offer letter, kindly write to them once again with a copy to MD or Top level executive if possible and request them that you are ready to pay for a month and you are not able to serve for a month time due to family issues.
Keep the following in your mind and let me know your answer:
1. They failed to do their duty as an employer in terms of on time salary, providing good environment etc and no employee will work for a company which doest pay for their contribution.
a) Do you have any proof for delayed salary from the company?
b) They may delay or refuse to give Exp / relieving order to you, if it is so, will it not be a problem for you when you join in new company? Is your new employer ok if you join without Exp / Relieving order?
c) Is there any dues to be paid to you by your current company? If yes, you must claim for the same and they can not refuse to complete F&F settlement.
d) if possible, try to meet your HR people and immediate boss and explain about your situation (do not mention that you are joining new company). Request them to do the needful in a polite way.
Regards,
M.Kannan
From India, Madurai
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