anuradha (IT) 23 June 2009

notice period plies

Hi All,

I need some advice and guidance from you on my ply with my old employer. I worked with an IT firm during 2006 and worked for 4 months with the company. After that I met with an accident and was bed ridden for more than 3 months. I could not able inform anyone with the employer, as I was critically ill and lost all contacts (mobile). After I recovered, I thot my job was lost coz of not intimating them and got a better job and joined with the new company. In the mean time, One HR has called my home and I answered the call and told him the same that I was ill and Cldnt able to attend the ofis. He asked me shld I initiate the termination, I said yes and the HR asked me to handover the assets (ofis badge). Which I did so. Now after three years, my old employer has sent me an final settlement letter and asking me to pay the notice period. Hez sending me legal notices to pay the amount and the amount is huge arnd 50k Can someone suggest me how I can proceed with this?

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4 Replies

Manish Singh (Advocate) 23 June 2009

you are hiding facts from us. this way we would not be able to help you appropiately.

Vishal Gupta (lawyer) 24 June 2009

You can told them that u have told them verbally for quitting the job but if in the emloyment agreement it has been written that prior intimation is necessary for quitting the job then anuradha you must do that. otherwisw u will be liable to face the consequences. more over u have noit give the actual dates. pls provide some other information also so that i can better help you.

anuradha (IT) 24 June 2009

Hi Mr. Vishal / Manish / ShirGopal,

Thanks for your time and responding to my query. I joined the firm in Aug 2006 and met with accident in Oct 2006. I have also undergone a surgery and was bed ridden. As it was a road accident, I have lost my mobile and was rushed to the hospital where I need to undergo surgery immediately because of broken wrist and other fractures. I was bed ridden in hospital for more than 2 weeks and then shifted to home. I was traumatized coz of this accident. During which in Nov, 2006 I got a call from HR and I have informed him. Where in I have returned the ofis badge thru courier.

I might have paid the notice dues or what ever, but after 3 years when they respond, which was dismay for me.

One thing I believe in, not to lie with a doctor or to yourself, coz you are not going to get the truth.

Vishal Gupta (lawyer) 24 June 2009

anuradha thanks for ur reply. u can take the plea of medical defence. moreover your employer can not come after 3 years. if he has to claim any thing he must have to abide by the rules of service. u can show them the medical certificates as well. ask me further for any query.