Hello,

This is not new in this forum. I have read many similar cases but i would still prefer to get some expert advice. I joined an organization as analyst. But the day I stepped in, my immediate boss and head of the dept started telling me to look out for another option since the team was unstable. eventually i realised that they were telling the truth and I started looking for an option. In the meanwhile, i had signed SERVICE AGREEMENT with the company which was one sided and also submited my original certificate.  Now its 35 days in that company i decided to leave as things got worse and i resigned formally. Now that i have resigned with immediate effect (Without serving 3 months notice), the company sent me a warning letter followed by a lawyer notice. In the notice, they are demanding me to pay 120000. which they are quoting as liquidated damages. I was not trained on anythin or i was not sent onsite for any trainings. I was still in probation period and they have my original marks sheet.  Please let me know if i shoudl do something or act upon that lawyer notice. Thanks in advance

Dear Sharan,  

You need to consult an advocate alongwith the original agreement + the legal notices. The liquidated damages are not claimable in full in all the cases and only a reasonable amount can be claimed as per the prevailing law. Reply to the legal notice is imperative right now. 

Feel free to talk !

Did the company issue any letter/email to deposit original certificates and mention the period for retaing certificates and acknowledgment of original certificates? Have you demanded that the original certificates be returned?

Kindly provide full details and record to your lawyer.Your lawyer shall do the needful.

Thank you Bharat and Kumar.  I shall speak to an advocate and reply accordingly.  The compnay has given an aknowledgement towards the possession of original marks sheet.

If the contract or an agreement laying stipulations with regard to "Notice pay", one has to pay in lieu of notice and such provisions are generally incorporated by the employers, or else the employers will be left in lurch and deprived of the services. It is possible, the employer's productivity may also suffer. 

However, the Court as a Court of equity always takes into consideration the factor of reasonableness". The amount appears to be on higher side, and in all probabilities, if you are dragged into litigation, the Court may ultimately pass such decree as it may appear just and proper in the facts and circumstances of the case. There may not be a question of any liquidated damages. What the employer can legitimately claim is the notice pay, and not beyond that. 

It is advisable that a lawyer may be contacted. About the original certificates, no comments are passed, as the retention of such certificates have been ackonwledged by the employer. (However, it may be stated that the original certificates cannot be retained by them, once the contract of employment is concluded. The alleged lien would be bad in law. And again the claim for notice pay has to be determined by the Court of competent jurisdiction)

If the contract or an agreement laying stipulations with regard to "Notice pay", one has to pay in lieu of notice and such provisions are generally incorporated by the employers, or else the employers will be left in lurch and deprived of the services. It is possible, the employer's productivity may also suffer. 

However, the Court as a Court of equity always takes into consideration the factor of reasonableness". The amount appears to be on higher side, and in all probabilities, if you are dragged into litigation, the Court may ultimately pass such decree as it may appear just and proper in the facts and circumstances of the case. There may not be a question of any liquidated damages. What the employer can legitimately claim is the notice pay, and not beyond that. 

It is advisable that a lawyer may be contacted. About the original certificates, no comments are passed, as the retention of such certificates have been ackonwledged by the employer. (However, it may be stated that the original certificates cannot be retained by them, once the contract of employment is concluded. The alleged lien would be bad in law. And again the claim for notice pay has to be determined by the Court of competent jurisdiction)

If the contract or an agreement laying stipulations with regard to "Notice pay", one has to pay in lieu of notice and such provisions are generally incorporated by the employers, or else the employers will be left in lurch and deprived of the services. It is possible, the employer's productivity may also suffer. 

However, the Court as a Court of equity always takes into consideration the factor of reasonableness". The amount appears to be on higher side, and in all probabilities, if you are dragged into litigation, the Court may ultimately pass such decree as it may appear just and proper in the facts and circumstances of the case. There may not be a question of any liquidated damages. What the employer can legitimately claim is the notice pay, and not beyond that. 

It is advisable that a lawyer may be contacted. About the original certificates, no comments are passed, as the retention of such certificates have been ackonwledged by the employer. (However, it may be stated that the original certificates cannot be retained by them, once the contract of employment is concluded. The alleged lien would be bad in law. And again the claim for notice pay has to be determined by the Court of competent jurisdiction)