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/-
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.
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