I was a employee in private company for 1 year. Recent days I suffered with health problems and conveyed my plan of resignation with 2 month notice in written. I handed over major duties during my notice period to my subordinates and to a person who recruited for my post. After completion of 2 month notice company is not allowing me to go and asking me to work for another 3 months. I refused. Company threatened me that they will file a case for improper relieving. They said they were not informed about resignation. So immediately I sent my resignation through mail and also submitted my medical certificate and relieved immediately. Now they sent a legal notice with following :
1. I am relieved with immediate effect without any prior information or notice as mentioned in appointment letter which made a company heavy loss due to delayed process.
2. I made a threat to HR manager to relieve immediately and also attacked the manager by trespassing.
3. I showed intention to damage goodwill of company.
4. I am supposed to pay 2 months salary or to work for 2 months.
My queries are below:
1. How to deal with this case?
2. Since they didn't mentioned about my certificate whether I have to send a legal notice to relieve my certificate?
3. Can I able to join other company when case is on court as I have given resignation?
4. How long judgement will take?
5. Whether the case will be in favour of me?
Here are answers to your queries:
1. How to deal this case? Defend
2. Since they didn't mentioned about my certificate whether I have to send a legal notice to relieve my certificate? You can say that in your counter to their claim
3. Can I able to join other company when case is on court ? As i gave resignation? No body can prevent you from joining another company. Go ahead immediately. it is your fundamental right.
4. How long judgement will take? If you appoint a competent advocate, it should take 2 months but moving an application of non maintainabiltiy.
5. Whether the case will be favour to me? Yes, you have a good chance.