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Legal Profession => Lawyers in India => Topic started by: deepeshgupta on May 13, 2016, 05:40:08 AM

Title: Legal notice from Advocate on behalf of Organization
Post by: deepeshgupta on May 13, 2016, 05:40:08 AM
Hello Sir/Madam,

I need your urgent response since received a Legal notice from an advocate in Pune. The company for which I was working is located in Pune. Actually after giving notice period I requested my organization to relieve me in 15 days though they asked me to server two months notice which is official too in the offer letter. But due to some emergency I left in 15 days after submitting the company laptop to Network person and thereafter they started sending mails and called me for my whereabouts and resuming to work etc..

But I did reply them on calls and only in emails told them that I am unable to join due to some family problems and all. They keep sending mails and finally they had sent me an email to pay the amount of two months notice and then I requested them that I am ready to pay but please provide me some 2-3 months time to arrange the money since it is a big amount i.e. 1,75,000 Rs. but now they have sent me legal notice by registered post from Advocate and asked to pay the same amount within a week.

Could you please help me what may happen next and can I again send mail to my company requesting for some more time to arrange the money. I did not deny to pay but they need it as soon as possible. Also I have my resignation mail etc and in the notice advocate mentioned without notice and intimation you left and did not handover the project etc though I have given proper knowledge transition to the team and completed all the assignments.

Please help me to decide as I am very upset and sad due to this notice.

Thanks !
Title: Re: Legal notice from Advocate on behalf of Organization
Post by: rajgopal sripathi on May 13, 2016, 06:58:40 AM
Hi
If you have sent your resignation letter, but not served the full notice period, you may explain by return notice to the advocate ccing the HR of your ex-company, stating the grounds on which you could not serve your full notice period.
Normally if you have genuine reasons (family problems that you may wish to high light or medical issues duly supported by a doctor certificate etc) then the company might relent/reduce/ waive off the notice period pay.
You can also agree to pay to the company in installments(provided you are in a position to pay) and then ask them for relieving documents etc.
Since most of the  companies do back ground verification with the previous employer, it is better to resolve the issue with your ex-employer so that your future employment opportunities are not affected because of this current issue.
Title: Re: Legal notice from Advocate on behalf of Organization
Post by: riteshmaity on May 13, 2016, 08:39:58 AM
Without seeing the legal notice/appointment letter/ resignation letter and other emails exchanged between you and your ex employer, it is really difficult to give you a proper advice.

However, a legal notice should be replied/ countered with a legal notice only. So it is better to consult a lawyer and send a reply.

For not serving notice period, the company can file a money suit in order to recover the amount.
Title: Re: Legal notice from Advocate on behalf of Organization
Post by: advjaibansal on June 03, 2016, 03:13:40 AM
Dear Sir,

Please approach a lawyer and send proper reply to the legal notice received by you from the lawyer on behalf of the company. Rather than ignoring or agreeing to pay the money, please reply to legal notice.

Regards,