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Hello, Don’t worry things would always be like this.. Just consult and advocate with this regard and give a reply to the company. Don’t just ignore this issue..
From India, Bangalore
Dear Sumanta,
See there is a procedure of clearance, you have to get it, ensure them you have not joined any where .Talk to your immediate senior about this consequence and ask him to help you.
I hope you will get rid it .


Do’nt worry there would be nothing. they have no evidence to prove for all the matters. as u serve the company around the five years n u would be important emp. for them.
From India, Bangalore
Dear Sumant,
Just review the terms & conditions of your appointment Letter. You should get the proper relieving letter from the employer after handing taking over the responsibilities and ensure that no violation of the terms and condition of the employment. Suggested to approach the employer solve the issue.
Vikram Rana
Manager (Admin & HR)

From India, Lucknow
Hi
You need not to worry about this legal notice. Just read your appointment letter whether there is clause to pay notice period amount in case of sudden resignation. Take a DD in company's favor and send a resignation letter through register post with acknowledgement.
Before doing so, please approach an IR consultant. But in future, dont repeat this mistake again.
Regards
Ramakrishna Reddy A
Regional HR Head

From India, Mumbai
hi if u have done nothing wrong then just have the courage and go for an advocate..before responding them. good luck
From India, Delhi
Dear Kumar,
With reference to your quote, as a HR my suggestion ... go to your previous organization and sit with concerned person and talk to them an cool manner, and request them to help you in this regard.
Beeing professional you may approach HR head to settle your full and final settlement with company amicably.
First let you no the terms and conditions (clauses) which they have mentioned in your appointment letter.
Srinivasa Rao.S

From India, Hyderabad
1. There is no doubt. Any legal notice must be answered, that too within the stipulated time mentioned in the same.
2. If terms of employment calls for notice period, whatever be the circumstances, it would have been better had you served notice and left.
3. Claiming of damages from your ex-company is subject to proving with evidences, therefore, please re-collect your memories if there is any evidences with your ex-company, in case you have violated any code of conduct policy or non-disclosure agreement policy given to you, if any. If you think there is evidence, then you may have to request them to drop the matter citing your various economic conditions, and if you think you are innocent, then you can defend.
4. I suggest you consult a lawer known to you and respond to the notice in time, and fees for replying legally will be in less than 5 digit.

From India, Bangalore
Hi
I very much agree to the advices of the experts. You should consult a lawyer. Also need not to worry as company has two negative points:
a) you didnt signed any bond with the company
b) company cannot retain any original certificate of employee as it is illegal as per law.
Regards
discusshr

From India
QUESTION—I worked with an IT company for about 5 years. I did not commit anything wrong. However, I left the job to join another company without giving one month notice. The company still has my 10 days salary and my original secondary school certificate. Now the company has sent me a legal notice making false allegations (like theft of software; sharing confidential data sharing with the present company; disclosing client list to the present company etc.) and asking me to pay Rs. 28,00,000 as damages within 10 days, failing which they would initiate criminal action against me. Please advise.

ANSWER—If the charges are false / unprovable, you should simply reply to the legal notice saying something like this: “Sir, all charges are wrong and denied. I had told you earlier that I am seeking job change and needed my original certificate to be presented to any future employer but you refused to give me the same. Since the present company was willing to give me a job even without seeing the original documents in case I joined immediately, I was left with no option but to join them as required. You already have my 10 days salary. I am willing to pay the salary equivalent for 10 days as soon as you return to me the original documents retained by you.”

The company is likely to agree to return the document and is unlikely to take any further action against you.

It is preferable that an advocate should prepare the reply.

-- M C Gupta

MD (Medicine), LL.M.

Ex-Professor

Practicing advocate

27 January 2010

From United States, Sunnyvale
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