Hello Everyone,
I have a query. Kindly share your valuable suggestions and opinions after reading the case.
There is a friend of mine who worked in an IT company for almost 1 year. He didn't receive an offer letter, joining letter, or appointment letter from that company, nor did he sign any contract with them.
After one year, he took a long leave (5 months) due to some personal work. The company suggested taking those leaves as they mentioned that taking leaves in between the months would hamper their work.
He handed over the Knowledge Transfer (KT) to the respective team member along with all IDs and passwords before leaving, and he also informed the authorities.
After 2-3 months, he faced some financial problems and joined another IT company for part-time work. He informed the first company about this. However, they sent a notice claiming that, as per an agreement he never signed, he did not serve the notice period. They also stated that due to his joining another IT company, they lost some clients resulting in a loss of 6 lakh. However, since he never signed a contract or received any official letter from the company, there is no proof that he worked for them.
Kindly provide your valuable opinions on how he can handle this matter.
Thanks
From India, Ludhiana
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1I have a query. Kindly share your valuable suggestions and opinions after reading the case.
There is a friend of mine who worked in an IT company for almost 1 year. He didn't receive an offer letter, joining letter, or appointment letter from that company, nor did he sign any contract with them.
After one year, he took a long leave (5 months) due to some personal work. The company suggested taking those leaves as they mentioned that taking leaves in between the months would hamper their work.
He handed over the Knowledge Transfer (KT) to the respective team member along with all IDs and passwords before leaving, and he also informed the authorities.
After 2-3 months, he faced some financial problems and joined another IT company for part-time work. He informed the first company about this. However, they sent a notice claiming that, as per an agreement he never signed, he did not serve the notice period. They also stated that due to his joining another IT company, they lost some clients resulting in a loss of 6 lakh. However, since he never signed a contract or received any official letter from the company, there is no proof that he worked for them.
Kindly provide your valuable opinions on how he can handle this matter.
Thanks
From India, Ludhiana
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What documentation does he have in support of the above?
That he was allowed to go on 5 months leave. That he was allowed to work for someone else. That he was actually relieved (as opposed to absconded).
From India, Mumbai
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That he was allowed to go on 5 months leave. That he was allowed to work for someone else. That he was actually relieved (as opposed to absconded).
From India, Mumbai
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Hi Saswata Banerjee,
He received a notice claiming that he has not served the notice and informed the organization late about his joining in another company.
They are demanding 6 lakh, as they claim that due to this, they have a loss of 6 lakh.
But in reality, they don't have any signed document in which both parties agree on the terms and conditions related to his employment in the company.
The company did not issue any offer letter, appointment letter to any of its candidates, nor a confirmation email of their joining.
Based on my observation, there will be no claim, as they do not have any proof that he worked in that company.
From India, Ludhiana
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He received a notice claiming that he has not served the notice and informed the organization late about his joining in another company.
They are demanding 6 lakh, as they claim that due to this, they have a loss of 6 lakh.
But in reality, they don't have any signed document in which both parties agree on the terms and conditions related to his employment in the company.
The company did not issue any offer letter, appointment letter to any of its candidates, nor a confirmation email of their joining.
Based on my observation, there will be no claim, as they do not have any proof that he worked in that company.
From India, Ludhiana
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They have face-to-face meetings as well, and he also apologized for his mistake as he was not informed by the company at the time of joining about the teams and conditions. He can't join any other similar company.
From India, Ludhiana
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From India, Ludhiana
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I am sure they have evidence he worked there, as they would have paid his salary. What documentation does he have that he left with proper handover and they agreed to him taking 5 months leave?
Can you share a copy of the notice?
From India, Mumbai
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Can you share a copy of the notice?
From India, Mumbai
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Yes, they agree with 5 months leave and they give salary in cash only.
From India, Ludhiana
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From India, Ludhiana
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You don't understand my question perhaps, Mr. Dinkle.
How did they agree? Was there an email, letter, or was it all oral? What did the notice actually say?
When he informed them he was joining another company, how did he do that? Was it again oral or through mail?
Based on what you have said above, I would suggest that he can ignore the notice or simply write back that he never worked for them. Alternatively, I would recommend taking the notice to a lawyer and asking for advice on what should be done.
From India, Mumbai
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How did they agree? Was there an email, letter, or was it all oral? What did the notice actually say?
When he informed them he was joining another company, how did he do that? Was it again oral or through mail?
Based on what you have said above, I would suggest that he can ignore the notice or simply write back that he never worked for them. Alternatively, I would recommend taking the notice to a lawyer and asking for advice on what should be done.
From India, Mumbai
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Then, simply tell them I never worked for you. and ignore the notices.
From India, Mumbai
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From India, Mumbai
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