Can ex employer sue for leaving the company without giving resignation

807 votes

as per your query you should demand the money/salary as you worked with the xyz company. And it is also that if you are worrying about that employer will sue against you for absconding with frivolous facts and other side you are saying that you have given resignation then do not worry , you have right to file a case against that person or company with all facts if you were harassed by your said xyz company. it is always better to make complaint immediately to Labour authorities . if threatened with by the xyz company then you should have to complaint to liable authorities . all depends on facts and circumstances.

Advocate Prem Dayal Bohra LawRato

939 votes

As per ur statement and ur query ,ur right ,employer can't Sue for absconding because u have region and clear everything in region latter. U have heresies by employer u have right to sue cr case u,/ d,d354 crpc ,for ur died and for EPF rest on VI's a wise

Advocate D D Purohit LawRato

975 votes

No need to worry.
Do not respond any mail or letter.
As per employment rule you were not a confirmed employee and worked for only 3 months. Hence there is no need for any resignation.if they want to lodge FIR do them.

Advocate Mahesh Kushwaha LawRato

572 votes

Can an employer sue me for absconding .. yes if you posses anything which is the definition of valuable items.
1.He did not issue me any appointment letter.
in such circumstances you do not fall in the definition of an employee.
2. Credited the salary in bank.
the amout credited in your bank account can also be fall in the defination of stipend for the training you have rendered at your work place/company.
3. I served there for 3 months only i.e. not confirmed employee
statutory provision needs 240 days of employment to be called as labour according to the Labor Act
4. I am a female and I found the talking to me objectionable and I silently leave the company by resignation (mentioning whom I have handed over the laptop and SIM) i.e. I did not mention the things which were objectionable to me.
you can file a criminal complaint against the person your are alleging to be misbihaved with you and forced you to leave your work place. kindly read the guidelines provided in the vishaka vs state of rajasthan wherein the guidelines are provided for the appropriate workplace.
5. I was working in a different city.
it doesnt matter.
6. The employer is now not confirming my EPF KYC and threatening me for FIR. Sending me back dated appointment letter to sign and return to them.
he will have to confirm your EPF KYC you shall send him a legal notice.

Advocate Divesh Sharma LawRato