>>> You have posted in your last post that:
“I initiated my discussions with the previous employer based on official 'offer of employment' from HR in this organisation, which stated the rest of the terms and the sign on amount but NOT the clause for 3 years term”
This offer was probably in line with T&C discussed and firmed up during interviews.
“while at the same time the email instructed me to 'go ahead with the discussions with the curent employerbasis that.' The exact words: 'Your acceptance of this offer will constitute a valid contract between you and ... Therefore”
You had accepted this offer in writing and thus entered into a valid contract with this employer that has made the offer.
“and ... Therefore, you may initiate the necessary formalities of your exit from your current organization based on this email.”
Did you initiate exit formalities, on or after the date you signed acceptance of this offer?
Is the initiation of exit formalities on record in writing and do you have copies?
----“ After I had made my plans to join and started working towards this (since it involved personal relocation to another city in India),”
This part is imp.
What plans::::::Is anything on record:::::e.g: booking of tickets, booking of packers and movers, notice to landlord, school of kids, employer of spouse, and most Imp. notice/communiqué to your employer on separation even if in office……………………………………..and has you or your employer documents the communiqué in any of the communications even if by email…………………….
The point is that once employee has disclosed to current employer that he/she wants to separate it shall be practically not possible to remain in job as the employer would start the process to limit the disclosures to outgoing employee, and exit process shall start………………….and also the succession plan for the outgoing employee shall also start………………………….
This process of exit for outgoing employee and succession plan for outgoing employee might be irreversible, for various reasons.
Anything on record shall be of help to you.
----“the HR team sent me the employment contract to sign. I was surprised to find that this had a 3 year term of employment as a clause in there. I raised my objection to the clause as well as the lack of transparency at the time of hiring discussions. The HR team admitted their lapse in sharing full details but insisted that this clause could not be removed since it was a standard for all employees for sign on amounts. All this conversation is captured in emails between me and the organization.”
Show what was captured on emails to your able lawyer.
----“The message on 100% payment of sign on amount is 'verbal' and not in writing.”
Decline to accept Verbal Demand verbally and record the transaction (audio/visual).
If reqd cover in minutes of discussion.
There is a catch here.
There are tactics, strategies that you may be aware and might not be aware but these exist.
It is also amongst the possibilities that even if the employee pays full amounts still the tactics and strategies deployed may haunt him/her………………………….in whole of the future.
It may not be possible to forecast but adequate attempts can be made to counter.
>>>“I just got an update from the team here that I will need to pay 100% of the amount of 'sign-on bonus' NOT on pro-rata.”
IN the judgment already provided the judge has decided amounts on Pro Rated Basis.
HR is not judge in any court of law. Apply you skills and make them agree to Pro rated basis if the need be.
It shall not be out of place to mention that employer can insert and T&C in appointment letter/contract o employment or any other private agreement it drafts and signs with employee………………………………such T&C and such private policies of the establishment and employer are not law unto themselves.
Thee establishment and employer are subordinate and servant to the law of the land.
After your last post, it should be better to revisit all of your posts and communications and docs on record.
What is this establishment: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You were located in which state? Does company have an office at your location?
Redg. office of the company is located in which state?
What is trade of this company: IT, Banking etc…..?
How many people are employed in it?
Does the company have its certified standing orders(CSO) and has it been extended to your designation?
What was your designation and nature of duties…?
This shall help, hence post it.
It shall be better if you can attach the offer letter, contract of employment, record captured in emails……………………………..Of course it is your sweet wish to do so or not. You may erase the names, logo, etc to maintain the confidentiality.
There might be a need to interact.
Hence if acceptable to you, then you may send your contact details by PM.