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BAs the title says, i received a mail from my previous organisation. This is what was written in it. What can be the repercussions and what should I reply to it.
‘Kindly note that your continued absence without prior intimation or approval will be treated as absconding, which constitutes a breach of your contractual obligations under the Indian Contract Act, 1872, and may lead to disciplinary proceedings in accordance with the Company’s policies and the Employee Code of Conduct.
You are hereby instructed to respond to this email without delay, providing a formal explanation for your absence, along with your updated contact information. Additionally, you are required to share companies assets such as copies of all communication, including emails, messages, or any correspondence conducted in relation to our organization using your personal contact number, devise or email id. This also includes any client-related communication or contact details that is still in your possession.Please be advised that your continued absence without prior intimation is a serious violation of company policies and is negatively impacting the functioning and working environment of the organization. Despite multiple attempts to reach out, we have not received any communication or justification from your end regarding this prolonged absence.
Failure to respond within 48 hours from the receipt of this communication will compel us to initiate formal legal and administrative action as per company policy.’
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CLawyer here.
From the face of it your absence from work without obtaining sanctioned leave, which is likely in violation of your Employment Agreement.
The Agreement is likely to have clauses providing for penalties / termination of employment.Reply explaining why you are absent or lawyer up.
Hope this helps.
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CI’m assuming you did not serve formal notice. Reach out to them explaining your reasons and indicate your willingness to return company assets.
The company will probably want some compensation for the violation of your agreement, withhold your salary and would be unlikely to give you a Letter of Recommendation.
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BI had a simcard and laptop as company possession. I wasn’t allowed to log in email anywhere else except for the work laptop so I don’t have anything on me. I had tried talking to my boss about the stress and terrible harming thoughts that I had which was paid no heed to, hence I decided to leave. What should I reply to the mail?
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PJust reply you are not going to work there anymore.
You will have to return all company assets, also any code / documents produced during your employment. All these are your company property, failure to do so may result in legal proceedings against you.
They can ask you to pay for notice period but you can ignore those if you don’t want your experience certificate
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BI just had a laptop and a simcard. I left it in the office itself. All the documents are there in the office. I’m not in possession of anything that belongs to the company.
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PThis is a mistake on your side. You basically have no proof you gave everything back.
Tell them you have left all documents on the laptop and where the laptop is, and pray they leave it at that.
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ANAL but that doesn’t help either. They could simply say, you took the picture and did not return the asset. You can simply mention, you met the doctor and as per his/her suggestion, you’re going to resign, goto office and return the assets officially and get a sign off that the assets have been returned, you can even drop an email stating you’ve officially returned the assets. You really don’t need to be scared of no one. If they force you to serve notice period, you can without stressing about work.
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BI was terrified of my boss, he gets very agitated and says very belittling stuff. I had already gone through months of it and going through more would take a turn for the worse. I was taking therapy sessions from my therapist friend for the same as I started having thoughts about unaliving myself and shit.
Because of that I just disappeared a few days back.
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RI would suggest, you respond by stating the following:
I was really tired of the constant stress at work. In of my meeting, my reporting manager Mr.X informed me “You are not fit to be employed or you are a liability to our company and soon will be laid off”. I took this as a sign of being laid off and I stop coming to office.
I have returned all the assets of the company like Laptop, work credentials. I would be happy to return if I have not returned anything inadvertently.
I would like to be left alone and not be harassed with constant emails/phone calls while I recover from the work torture/stress during my stay at X.
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BNAL-
The stress you were under, the toxic work environment, and the lack of support you received all sound incredibly damaging. You did the right thing by recognizing that your mental health was taking a serious hit.
### Repercussions of Your Actions
1. **Legal Consequences**:
**Absconding** is considered a serious violation under Indian employment law and can lead to termination and **loss of benefits** like severance pay, unused leave encashment, or even a negative reference that can impact your future job prospects.
**Breach of Contract**: Your absence without prior notice or intimation breaches the terms of your contract, which could make the company seek recovery of certain costs or initiate legal action for damages. This depends on the terms of your employment agreement.2. **Damage to Reputation**:
The **company might tarnish your reputation** by claiming you were unprofessional, which could impact your future job prospects in similar industries.3. **Severe Response**:
The company mentioned “disciplinary proceedings” and legal action, so they may try to take **formal steps** to recover costs or pursue any other punitive measures as per the company’s internal policies.### How to Respond-
**1. Acknowledge and Take Responsibility (Without Apologizing for Your Mental Health Struggles)**
The key here is to show you recognize what happened but also to explain the reasons why you left, while **standing firm on your mental health**. Don’t apologize for needing to take care of yourself. Here’s a direct but professional way to approach it-**Subject: Response to Absconding Email**
Dear [HR or Manager’s Name],
I acknowledge the communication I received regarding my absence, and I fully understand the gravity of the situation and the concern it has caused the company. I wish to explain my actions and provide context for my sudden departure.
Over the past few months, I have been struggling with significant mental health challenges. Despite my attempts to communicate the distress caused by my workload and work environment, my concerns were not given the attention they needed. The stress, long working hours, and the toxic work environment contributed to a severe deterioration in my mental well-being, which unfortunately led to a breakdown in my ability to function productively.
I recognize that I should have communicated my situation more formally, and I deeply regret not doing so. However, at that time, the stress and anxiety made it difficult for me to think clearly, and I made the decision to leave as a last resort to preserve my mental health. I had been seeking help through therapy, but the environment had become unsustainable.
Regarding the company’s assets:
I have **left the laptop and SIM card at the office** in the exact place where they were used. I have also **photographed the items** to keep a record of them. Please let me know if you need further details or would like to arrange for the items to be collected.
I did not retain any communication or documents from the company, as I was unable to access email or documents outside of the work laptop. Therefore, I do not have any client-related communication or contact information.I am sincerely sorry for the lack of communication on my end. I was in a place of extreme distress, but I am willing to resolve this matter with the company amicably.
Please advise on the next steps regarding the return of the company’s property and any further actions required from my side.
Thank you for your understanding and patience.
Sincerely,
[Your Name]
[Your Contact Information]### Key points to include jn your response-
1. **Transparency**: Acknowledge the gravity of absconding but explain **your mental health struggles**.
2. **Take Responsibility**: Accept your mistake in not communicating properly but don’t apologize for needing to prioritize your mental well-being.
3. **Offer to Return Assets**: Clearly state that the company’s assets were left at the office and offer to cooperate with their retrieval.
4. **Professional but Firm**: Keep it professional, and don’t let them undermine your struggles. You were in a toxic, high-pressure situation, and they need to understand that it led you to this point.### Next Steps To Do After Sending the Email-
1. **Document Everything**: Keep copies of all communications with the company (emails, letters, etc.). If possible, also keep a copy of your **medical records or therapist’s notes** to prove that you were dealing with mental health challenges at the time.
2. **Consult a Lawyer**: Given the legal and financial implications, **consulting a lawyer** who specializes in employment law could help you understand your options better, including whether they can legally claim damages or hold you responsible for anything.
3. **Take Care of Yourself**: Going forward, prioritize your mental health and get the necessary support to ensure you are in a stable place emotionally. Seek professional help if you haven’t already, and don’t let this situation overwhelm you further.**you made the right choice** by leaving a toxic environment. **Companies don’t care about employees** in high-pressure roles like that, and the fact that they failed to support you when you were at your lowest shows their true colors. While you will need to handle the legalities and reputational fallout, **your well-being comes first**. You can deal with the rest as it comes.
Take a deep breath, send the response, and **keep moving forward**.
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