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Falgunee Suthar   08 February 2024

Got legal notice from my employer

Recently i got legal notice over mail from my employer.

I was on temp work from home for 3 months due to some of my health issues. It seems difficult to me to relocate back and join the office full time as i was not well. I requested to extend work from home till i get recover. My ex employer rejected my request and gave me the last date of my work without discussing things with me. 

When i asked them to give me notice or pay of termination as per the appointment letter.. Firstly they rejected it and after that they asked me to come immediatly to the office to serve 1 month of notice else i have to accept their termination and last day of work.. Due to my health issues it was not possible for me to go there..i requested them to let me allow to serve notice from home

Things gone complicated with them and they have sent me the legal notice to give back the company device laptop. They do not have any intention to pay me. I have mentioned in the last mail with them that company device are evidence for the legal course and i will give them back as things get sorted. In the notice they mentioned that i have to pay 10,000 for the notice as it was my fault. Now because of them i am facing major low blood pressure issues...and my health is getting down.

What should i do the next? Can anyone suggest me?



Learning

 7 Replies

PSVNL Sai Kumar (Software Engineer)     08 February 2024

  1. You don't have to worry too much here unless you've recently joined (under 6 months)
  2. Please send a mail over clarification on termination. If you're terminated You are supposed to get a 30 day notice if you've worked for more than 6 months at your current organization
  3. Along with the 30 day notice you are also entitled for a compensation of 15 days per year if you have been with the organization for over a year.
  4. If they still deny let them know that you're within your rights to submit a petition to the labor inspector for unlawful termination and violation of fair labor practices.
  5. If you're terminated the employer is supposed to report such termination to the inspector within 3 days.
  6. Also ask them to provide in writing regarding the dues to be paid for termination.
  7. You should be returning the laptop to your company.

Falgunee Suthar   08 February 2024

Is it possible if i file a FIR and submit the company laptop as an evidence?

T. Kalaiselvan, Advocate (Advocate)     08 February 2024

You have to adhere to the terms and conditions of the employment.

If you have received legal notice then you may give a reply denying their allegations through an advocate if you decide to legally fight against them

Falgunee Suthar   08 February 2024

I received notice over email and didn't received hard copy now. So should i reply them over mail?

Real Soul.... (LEGAL)     09 February 2024

If you have the copany laptop just surrender that with some police station and ask them to  be cutodian till your claims are settled. Reply the Notice with heavy claims, ask them heavy compensation and filea complaint in labour court instantly. Ask compensation for your health conditions too. The laptop can be deposited in labour court too .

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 February 2024

Right to Leaves

An employee has the right to paid public holidays and leaves such as casual leave, sick leave, privilege leave and other leaves. For every 240 days of work, an employee is entitled to 12 days of annual leave. An adult worker may avail one earned leave every 20 days whereas its 15 days for a young worker. During notice period an employee can take leaves for emergencies, provided the employment agreement does not bar it.

T. Kalaiselvan, Advocate (Advocate)     09 February 2024

You cannot hold the company's assets as ransom.

It would be a crminal offence.

You have to return the same and fight for your rights as per law.

You can give a reply through email itself since you received the notice through email 


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