Corporate law,trespassing
What is to be done if an employer files suit against the employee?

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?

By  Ritesh .  |  11 Apr 2016  |  Upvotes: 0  | 

1 Answer(s)

Deepika Gill
Advocate

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.

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