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Jatin Prajapati (MOSS Developer)     25 November 2010

Harrasment by Previous Employer


I had wored for a software company for 2 and half years. I resigend from the company on 27/04/2010 by submitting the resignation letter to the HR Head, Director and to my reporting head. The resignation is accepted by my reporting head. In my resignation letter, I've clearly mentioned that due to family liabilities I've to leave in 1 month. But they said that, you can't leave the company before 3 months as per appointment letter. I requested them repeatedly to leave me withing 1 month, but they refuced by saying that we don't have your replacement. Other employees of the same organization are releaved with in 1 month though they were working on the projects and they had no their replacement. When I started to request them, they started to harraseme mentally by saying that I you would leave we will not let you live easily. Also my reporting head started to give me more work for the day and insisted to finish all work at the end of the day. So, I can't with stand against this and I left the company on 14/05/2010 means 13/05/2010 was my last day in that organization. Then after also they continued to call me and on call they where threating me about the actions they will take against me. Now after 6 months, they have send me a notice by a lawyer that, due to my mis-behave, they had loss in bussinees and I have to pay them Rs. 5,00,000.  So what to do in this case..

Please help me and reply me as soon as possible.


Thanks in advance.


 3 Replies

Pathikrit Naha (DGM - HR & ADMIN)     25 November 2010

You write a letter to your authority stating that any further harresment will be dealt seriously. Lodge an FIR to Police by your wife or mother that due to this threatening you are facing health problem.

They can do nothing if you are right.

Kirti Kar Tripathi (lawyer)     25 November 2010

They can not do anything. In case, your employer files any case against you firstly they have pay huge amoint of court fee thereafter they will have to prove the alleged mis-behaviour. If they file any criminal you can challenge the same on the ground that the have given notice for damage of Rs. 5,00,000, so it is civil case as such it is not maintainable. 


Did you enter into any written contract with the employers stipulating conditions? If so that needs to be scrutinized. Or else it is simply simple to ignore their threats and continue with your life.

Have you collected all your job benefits like pf or any such similar savings along with salaries? 

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