Sudipta Ghosh (Consultant) 27 March 2012

Legal or illegal

Hi There,

I had joined a big MNC last year 25th of July. They have more than four branches in the city. I have been asked to complete 2 days induction program in one of the branch. I went and attended the same on 25th and from there they informed the next date for second part of Induction is on 29th of July. In the mean while I should contact my reporting manager in some other branch. So 26th I went to the other branch(2), waited for my immediate boss for nearly 3 hrs , he was not available and then tried to contact the HR people of that building , that too happened after 2 more hours as they all were busy. They asked me to come next day morning without listening anything from me (busiest people I have ever seen in my career). Next day morning again I went to meet those HR people, that time they surprised me by saying .. that they have not asked anything to me and I should contact.. another person.. who is the reporting manager for the reserve pool in some other branch(3). I went to that person and he told me its my wish I can seat @office or @home...disheartened by this I came back home on 27th of July...I was in a dilemma what to do with this people...keeping this in my mind I went for the 2nd day of Induction program on 29th of July.... then again on August 1st I went to the branch(3) and asked the reporting manager what should I do.... as before joining I received several calls from your recruitment team that the first day itself I would be introduced my manager and would be given the work responsibility.. hearing this that person told me that I am in bench... I could not believe this these people are playing games by giving wrong statements and false promises... I decided not to come here again... and 2nd of August I sent a mail to the recruitment team that I feel this is not the right time for me to join your reputed organization...

During the first 10 days there were nothing from their side.. and now when sent the mail to them mentioning my willingness to quit my position.. they initially started requesting me then started threatening me ...then also I replied in the mail.. “please close this matter amicably...”

After then I joined another company and received a letter due to no show my employment has been lapsed with their company..

After then nothing was there from their side... recently from last 2-3 months they are sending registered post to my native place’s address where my parents are currently staying.. asking me the sum of around 50k outstanding amount... last week they received another notice from the law firm who will be handling this case...asking to pay the outstanding immediately and in case of failing that they are going to take action against me in the Arbitration and Conciliation Act 1996.

Now my questions are

1. 1. Although they have my current address, contact number and mail id, why they are sending their docs in my native place? This is adding tension to my elderly parents.

2. 2. If they have something in their mind why they have not intimated this while sending the letter of termination?

3. 3. Who is going to act on how they have behave during my employment period of 10 days ( although visited office 3 days )?

4. 4. Whatever they are doing are they are having the rights of the same or they are doing for just the sake of continuing the threatening process?

5. 5. What if , I am not able to pay the amount they have mentioned?

6. 6. What if they started trial against me ? what is the impact in my career?

Reply Follow

3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 March 2012

Dear Querist,

It is very pertinent to reply to the legal notices at once with all the relevant details i.e your side of the story. For when a notice is unanswered it is deemed to have been admitted. The company clearly has been in breach of their agreement with you, and is liable to pay you damages. Please consult a local lawyer with the necessary documents (Appointment Letter/Legal Notice etc)

Kumar Doab (FIN) 28 March 2012

Learned Mr. Chugh has given valuable advice. Kindly follow it.

You have posted that "and 2nd of August I sent a mail to the recruitment team that I feel this is not the right time for me to join your reputed organization..." It is felt that you should have submitted a concise and precise descripttion of facts and must have concluded that the company has been deliberately not allowing you to join.

Reporting manager was on bench (implying under resignation/termination notice period). No body including HR knew or feigned who shall induct you. You should have rather demanded the disbursement of expenses incurred by you to attend interviews e.g. getting the structured resume (from professional resume writing agency or by yourself) typing/courier/posting, traveling/parking charge to cyber cafe( as per your eligibility for car/taxi/auto etc), post office, company office(s), telephone/email charges, damages, penalties etc. You should have agitated that how the company expects you to show this offer in your resume and explain it to your future employers.

Since every body faulted including HR/Line management, they have forwarded the case to legal cell to transfer the liability on you and now are burdening you with litigation.

You must go to a competent and experienced lawyer and serve a fitting reply as ap.

Kindly consult elders in the family, competent and experienced well wishers, trained legal mind before acting in such matter. An advice in time shall protect from legal traps.