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Can employee be sued if service terminated before notice period ended
17-Jan-2023 (In Labour & Service Law)
Hi, my previous employer is threatening me of filing a financial loss cases against me. When I resigned I was working on 3 projects one got completed within few days of my resignation and for remaining 2 project I did the handover to assigned people and got the handover approval from respective managers. Now MD of my previous company is saying that they had gone through financial losses because I didn’t complete my notice period. What should I do now? He is furious because he thinks I have joined his so called client but in reality I haven’t joined his client so he is not able to take any legal action on violation of non-compete.
You should remain calm as of now and shall not indulge into any activity which may create a tiff in between you and your previous organization. Try not to communicate them as much as possible and keep focus on your current job and profile.
As far as legal steps are concerned if you face any troublesome situation which you feel that you can't ignore then as a first counter measure you may send them a legal notice and if they still do not bow down then you can drag them in competent court of jurisdiction.
As far as legal steps are concerned if you face any troublesome situation which you feel that you can't ignore then as a first counter measure you may send them a legal notice and if they still do not bow down then you can drag them in competent court of jurisdiction.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Yes, either employer or employee can terminate the contract before the notice period has ended.
However, they have to pay the other party salary in lieu of notice (‘notice pay’). This should be equivalent to the salary the employee would have earned during the remainder of the notice period.
However, they have to pay the other party salary in lieu of notice (‘notice pay’). This should be equivalent to the salary the employee would have earned during the remainder of the notice period.
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Adv. Prerna Jain
Delhi | 25+ Answers
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This is strictly based on the limited narration of facts by you. I don't think you have anything to worry about. Talk things over with the employer and put the facts before him. If he is reasonable then he will understand but if he doesn't then just ignore since you are legally in th clear.
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Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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