Swagata 07 August 2017

Legal notice

I was working with a private school for 3 years starting from 2015 and was their permanent employee .My offer letter said that in case of leaving job either 3 months notice period or salary for that time.I left the job in 15th April 2017 because of better opportunities.They forced me to resign immediately as they were not willing to pay me salary for month of may (vacation time) which i wanted to give as part of notice period.Now the school is threatening me wth a legal notice saying notice period was not served so slary for 3 months needs to be paid.Kindly advise

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6 Replies

(Guest)

Take up the case with the Labour Officer of the concerned state if you can prove that you were forced to resign by the management.

Swagata 07 August 2017

I have the proof that I had to work for few weeks as an ICSe examiner representing my school after submitting my resignation.my school refuses to consider it as working days

Swagata 07 August 2017

I am unable to prove that I was forced to resign but the school is refusing to consider my ICSE working days as notice period and vacation time is taken from me

(Guest)

You may move your case in the labour court. Proving may depend upon your own lawyer, how he is able to link your working for the school after your resignation.

P. Venu (Advocate) 07 August 2017

Reply to the legal notice, preferably through a lawyer, setting out the facts and leave the ball in their court. The ex-employer needs to move the courts to effect recovery, if any. And certainly, onus of proof would be on their shoulders.

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Swagata 07 August 2017

Thanks for the advice