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Akhil choudary (student)     10 November 2016

Absconding a company

Dear Sir,

2 months back i have joined in a startup company .When i was joining nothing was mentioned in my offer letter about company rules or notice period.They don't have any kind of agreement with me.few days back Dueto my personal problems i have absconded the company.Now they are black mailing me by sending a mail saying that if i don't turn up in 24 hrs i will get legal notice from court.So i went there and they have taken my resignation and my signature on Non-disclosure agreement and also took my Id proofs.Now I feel everything is settled down.Is there any future threat i can expect from them?If they do how should i defend.Please let me know.



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 10 Replies

adv.bharat @ PUNE (Lawyer)     10 November 2016

Akhil ji have u read all the terms of agreed ment that you have signed.?

 

 

Akhil choudary (student)     10 November 2016

Yes I have read all the points mention in the document.It mentioned that i should not disclose the ideas and application related passwords or screens with any other.But while i am joining nothing was mentioned in offer letter.

Kumar Doab (FIN)     10 November 2016

You have signede NDA, so comapny can claim it applies to you.

Can you establish that you were coerced/forced to resign and sign NDA?

Has the company supplied acceptance of resignation?

Akhil choudary (student)     10 November 2016

No,The company has not supplied acceptance of my resignation .Will it be a problem?And They have a proof that i was not forced to sign NDA.

Akhil choudary (student)     10 November 2016

And The thing is he does not mention anything like notice period or something in the offer letter and he did not have the copy of my offer letter acceptance also.

Kumar Doab (FIN)     10 November 2016

You have posted that:

"And They have a proof that i was not forced to sign NDA."

 

What is this proof?

Do you have copy of resignation?

In that case they might be able to prove that you were not forced to resign.

In case there is NO  notice period in offer letter or appointment letter then your resignation with immediate effect should have not finacial penalty/notice pay recovery on you.

 

You may ask for  acknowledgment and aceptance of resignation, correct FNF statement, payment of FnF dues, salary slips of all months,PF number, PF a/c slips,Form 16 as per correct FNF statement,NOC/NDC,service certificate,releiving letter, copy of NDA if not given to you................................

 

Don't violate T&C of NDA.

 

IT/ITeS employee's unions, Trade Unions, Labor Law Consultant can help you.

 

Akhil choudary (student)     10 November 2016

They have recorded video while the discussion is going on.. And more over they have read out my resignation loudly when the recording session going on. I am not interested to disclose their ideas. It's just I want to stay worry free life.. And I am not expecting any relieving or experience or payslips etc from them.. I have health n family issues so i dropped out of that company.

Kumar Doab (FIN)     11 November 2016

IT/ITeS employee's unions, Trade Unions, Labor Law Consultant can help you.

You MUST obtain acknowledgment and aceptance of resignation, correct FNF statement, payment of FnF dues, salary slips of all months,PF number, PF a/c slips,Form 16 as per correct FNF statement,NOC/NDC,service certificate,releiving letter, copy of NDA if not given to you................................

 

Don't violate T&C of NDA.

Kavita (software developer)     13 November 2016

Hi Sir/ Madam, I am here to share my experience and seek solution to my problem that have been facing in my current organisation. I joined this organisation on 9th May, 2016, its a startup co. which falsely claimed into the market for 10 years and when i joined got to know that it is not even a year old company. They even lied about the number of projects they hold and boasted about the technologies they dont even work on. Just to make me in, they lied to me. And did even give me proper Offer or Appointment letter. My manager is also harassing me; he is asking me out if i dont go with him; he creates problems and harasses mentally. This is some sort of monopoly company; they have system of deducting 10000 (10%) of our salary every month and payback quarterly. But these guys dont even pay us these amount quarterly. There are people who have not got these amounts for years. My mom was not well last month i needed money so i requested them to pay my variable amount which was due last month only. They did not pay anyone this variable amount as i was in need after asking for it many many time they have released 30000 variable of mine. But this when i got salary they deducted 30000 amount from my salary and when asked them about it. They gave me some fake reasons for deducting that salary. They said you were not even working for half day in the last month so we had to deduct your salary. I worked more than 9 hours everyday even though my mom was ill as i needed money for medical treatments, couple of times i asked to give me leave for a day or so . But the manager denied for leave and said you have to be here; cant take the leave. Now i asked them for money why they deducted when i am in need and even if deducted should have told about this case earlier so that i would have there with my mother at hospital if were to do this to me. They said we cant pay u for half days; as u say u need money we will give you this 30000 as advance and deduct from your salary by spreading for three months. Now I am planning to leave this company, will this create a problem if i leave after taking advance amount with them; i want to abscound ; I dont want to serve notice period also. Even if i leave with the advance amount they will be having my (20000 variable + 7 working days ( 25000) salary with them). Can I take this step or not please please help me. Thanks in advance, For pateintly hearing me out on this portal and investing your valuable time to solve my problem.

Kumar Doab (FIN)     14 November 2016

@ Kavita,

 

Pls post in thread initiated by you.


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