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Marvin Aroza   17 May 2021

Employer is rejecting my resignation and threating legal act

I have been employed by a startup on April 2019. Before my joining they called me over the phone and asked how long are you willing to stay in the company. I told them 2 years and then will see. So they told you should stay minimum of 3 years and at that point of time i needed job very badly and i did not want to loose it at any cost. So in the offer letter they wrote a point "During you personal interview you have committed to the company for a period of 3 years till end of april 2022". "You shall remain on contract till october 2019". And also there is one more point ""Upon sastisfactory completion of the contract period, subject to performace , your appointment shall be confirmed. After such confirmation should you wish to resign from your duties at our company, it would be imperative on you to provide a notice of a period not less than 60 days". Other than these 2 points there is nothing mentioned about the commitment. So recently due to some personal reasons i put my resignation on april 28th 2021. And the employer declined my resignation saying you have commited to the company and we cannot release from your duties. So we had a video call after that, so on the call the employer told we cannot release until you give us a reason so i told i have a genuine personal reason. But he was not convinced and he told we need to go down legal ways if you want to quit. So literally what he meant was he will destroy my career legally. And also no rule and regulation where given to me after the employment. Not aware of any company rules and also expect for the offer letter i havent signed on any other letter. So please help me on this. What should i do. He is telling me he will ruin it for me taking legal action. Im so worried about my career whether anything legal action happens will it spoil my career. Will i get job anywhere else. Im feeling so depressed and pressurized right now. Please somebody help me and guide me on this. Hoping for a early response read more at: https://www.citehr.com/627651-employer-rejecting-my-resignation-threating-legal-actions.html#post2462798



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 3 Replies

Sankaranarayanan (Advocate)     17 May 2021

if you sent your resignation letter as per the  employment clause then you need not worry. if they threaten you then you can issue a legal notice with the support of your resignation letter through a local lawyer .

Marvin Aroza   17 May 2021

Originally posted by : Sankaranarayanan
if you sent your resignation letter as per the  employment clause then you need not worry. if they threaten you then you can issue a legal notice with the support of your resignation letter through a local lawyer .

Thank you sankaranarayanan this was very helpful.. So what do you suggest now. What should be my next move. Since he already replied on my email saying its declined. What should be my next action

Sankaranarayanan (Advocate)     17 May 2021

with your all records show to local lawyer and send legal notice to the management . local lawyer will guide you 


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