AMIT (SALES MANAGER) 02 October 2013

Claim for non complition of notice period

I was working with Private Company, My resignation was not accepted for negotiation to retain me in service and in turn not forwarded to HR dept. I had completed notice period from date of my resignation as per contract with company. HR department has sent a notice claiming Rs, 50000 against business opportunity losses due to my absent without notice in the company. My resignation letter was received by my immediate supervisor, he did not forwarded to HR. Company had not paid me my dues & Last 1.5 months salary also. How I should I response to the Notice. Also now after 8 years of this notice I have received summons from court to put forward my Defence. Please support & Guide.

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Kumar Doab (FIN) 02 October 2013

Notice of resignation/Resignation should always be supplied by redg. post and POD should be obtained from PO.

Did you submit final resignation on last day/date in office?

You should have replied to the notice sent by the company.

You may compile all evidences and representations made by you after submission of notice of resignation {in person, in office, by phone (provide bill copies and recordings if any ), by email, by letter etc………..} and claim that you had met these HR personnel also regarding the notice of resignation.

Would any colleague, trade union leader, near and dear ones who knew about your resignation give witness that you had properly resigned and company (and bosses) wanted to retain you and did not forward the resignation willfully?

You should be able to conclude that you have duly submitted resignation and have left after prior intimation.

Approach a local labor consultant/service lawyer in person with copies of all evidences and proceed under expert advice of your lawyer.

The lawyer that has seen all of your docs can advise you the best.

Don’t be absent in court.

Employee should take all matters related to employment seriously and keep evidence and record in personal files at home.