I've received legal notice from my previous employer


Hello,

I need some consultation about following.

Scenario:

I was working with Mumbai based startup from 04/12/2017 to 20/04/2018. I was working remotely. As per my contract, I had to serve the notice period 1 month before releasing. I had resigned & served properly a month of notice period. The reason for leaving the company was unorganised work & got better opportunity. Now while working with the company we had some commit to finish some work till 31st March(which is normal when you are working). Since, I had decided to move out & the work was not completed because priority changes in work & other dependent factors. The company owner didn't sent me the acceptance of resignation on email & neither termination letter(Company owner was speaking nicely when I was working) & I thought things are fine.

Now I've moved to other country considering my employment is terminated & I've served proper notice period.

  • The company has not processed my salary & April month(for 20 days), when asked on email they says fnf is not done. Once it is done they will process.
  • For fnf they are considering I should finish the pending work, even though now I'm working with some other company.
  • More to that, they have sent me the legal notice about the work pending & company's loss.
  • There was nobody to handover so I had not done the handover & things were fine when I was leaving so I said I'll do it later as well.
  • They sent me some emails about pending work after I left the company but as I was busy with settling down at new place & new work, I did not replied them. As per our mutual discussion I was yes to work even I left the company for few pending things but I really don't work on that stuff.

My questions are below:

  1. Do I need to reply to their legal notice? If yes, how should I do that?
  2. I was thinking of giving handover & work on their pending things even I've left, but should I do that?
  3. Is there any base to this legal notice, since I've served the notice period properly?

Note: I'm outside of India now!

Thanks in advance!

 
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Advocate

Since you have tendered your resignation letter and also do well serve the notice period, you have already performed your duty.

The employer ought to find a person to handover or for a replacement within this notice period, otherwise what the relevance of serving a compulsory notice period is?

If the employer wilfully do not provide any person to take the handover or engage a new person it simply subjected itself to loss and the employee is nowhere at fault, especially when the employer remain silent after the resignation letter!

You please send your ex-employer a strong reply letter through your Advocate and request him to discharge your salary along with all other document which you are eligible to get within an ultimatum. And if require please do not hesitate to approach the Court.


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