legal action against employer for absconding from job legal action against employer for absconding from job

6 months ago

Dear Sir,

Due to heated agruement with director, I have resigned from job and verbally informed Director that I am resigning from the company. Director said ok and also agree to credit my salary into the account. I have not given my resignation letter in written because I have not received any appointment letter or offer letter from them . I have completed my 34 days working with the company.

After sometime, his wife (she is also director of the company) called me and started asking me about pending work. I said that i have resigned from the job and her husband (director) has accepted my resignation. She said that he will not give me the salary and i said that you husband has accepted my resignation. She asked me to handover the work. On that, I said that Iam ready to handover the work but you need to credit salary first. after that she disconnected the call.

I have send message to her husband and he said that "talk to Priti madam . There is no conversation in between us. So I messaged his wife to release my salary and she said "You have been absconding deepa". On this I said " I have verbally said to preet sir that im resigning and credit my salary. Preet sir said yes and acepted my resignation on phone and said he will credit salary on 13.10.2023. on this , she(director) said " Deepa u do what u feel right As if candidate is absconding We can t do that.

Kindly suggest can I take legal action against them . My Salary is Rs 33000/-

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
When everything went verbal from your appointment to your resignation, you got no ground to litigate your grievances against the Company. Moreover, the Company has already conveyed a charge of absconding from the job which itself forms a ground of misconduct followed by disciplinary action against the errant employee.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear
Gather Evidence: Collect all relevant evidence, including records of your communication with the directors, any text messages or emails, and any documentation that supports your claim, such as any mention of your resignation being accepted.

Written Proof: While you mentioned that you didn't receive an appointment or offer letter, it's still helpful if you have any written communication (emails, text messages, etc.) that acknowledges your employment or discussions about your resignation.

Demand Letter: Your attorney can help you draft a demand letter to formally request your unpaid salary. This letter should outline your case, present the evidence, and set a reasonable deadline for the directors to comply.

Legal Action: If the directors do not respond to the demand letter or do not pay your salary as requested, your attorney can advise you on the appropriate legal actions to take. This may involve filing a complaint with the labor department or pursuing a legal case in court.

Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
question iconLess Full and final settlement
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...