Community › Forums › Legal Advice India › Previous Employer threatening to take legal actions
- This topic has 15 replies, 4 voices, and was last updated 1 year, 2 months ago by
Urbanjiya5198.
-
AuthorPosts
-
-
UUrbanjiya5198
PARTICIPANT
April 9, 2025 at 5:49 pmHello everyone,I’m writing this with a little anxiety so would really appreciate a response.
Last late May I joined a company as an intern at 20k stipend, which was suppose to end in late November (6 months) and after which the a PPO ranging from 6-8 LPA, considering the fact that other companies were not coming for college placements I accepted it.
The first mail i recieved from the CEO was and offer letter for the internship in which notice period was never mentioned.
Mid August they offered 7.2 LPA from next month, i.e., October as they were about to embark on a govt project and hey needed me on that project. They never made me sign any documents even though I asked for it, they always said it’s taking some time, this and that.
In October our salary was late, it came on 18/19 oct, it should have been 60k(didn’t subtract the deductions) but only 40k was transferred when I asked about the 20k they said the company will give it later as there’s shortage of funds in the company. This streak of late and reduced salary continued till late November which was the official end of my internship, the CEO of the company called me in and said either to wait and continue with the 40k and later we’ll compensate, which I understood as they’ll add all the 20k and give it or I can end the “employment”. I chose to continue considering how it was a sudden take it or leave it situation and I had nothing lined up plus the govt project was a good project even though it hadn’t started then. I know red flags all around but I need some form of employment.
In January my senior asked the CEO whats up with respect to the money and the project since his increment was also dependent on the govt project and when will the remaining money be given. The CEO said then that the money my senior is talking about was always contingent on when the govt project starts. To which he asked about my remaining money, the CEO responds what money. My senior informed me about all this and I called the CEO, he explained the same and when I said the money he said ” we discussed that there’s a compensation” . I was really stumped and was really confused if either i should wait for the compensation or resign. I chose to stay and wait for the compensation.The employment after November was totally on verbal agreement, no signatures no documents.
Here comes 30 March 2025, I got a call from a college friend regarding a job opportunity in his brothers company, I interviewed the very next day and recieved an offer letter that that itself, the joining is on 11ths and then I thought since I had never recieved a formal notice period, I signed the offer letter. And then resigned from the company I was working in i informed them that I have accepted the job and joining is on 11th. When I asked for my relieving letter they said ” main kuch nahi dunga tumhe jana hai jao” so I called my new company and informed them and they said that they’ll manage and not to worry.
And with that I decided on not going the the previous company from 7th April. On 8th my senior said that the CEO was talking about taking legal actions.
My question is if he can take any legal actions against me, I have not signed anything the only thing I had accepted was the internship offer letter that too just a email stating i accept.
Please kindly respond I’d be leaving for a new job in Bangalore tomorrow and I really dont want to carry a ghost in my closet.
-
PPrimetejas7441
PARTICIPANT
April 9, 2025 at 6:48 pmPost the company , you were illegally employed and they illegally did not pay you, so they can do jack shit , maybe you won’t have the experience certificate , it should be fine as you are staring early . Explain all the situation to your new company if needed-
UUrbanjiya5198
OP
April 9, 2025 at 8:03 pmCould you explain a little bit in detail how this was illegal employed?-
PPrimetejas7441
PARTICIPANT
April 10, 2025 at 7:19 amNo documentations , you said they delayed , if pf account created ?-
UUrbanjiya5198
OP
April 10, 2025 at 7:58 amNo PF, they said since we are only 3 employees no pf and neither any pay slip even after countless reminders,I forgot to mention they only cut deduction twice from the 40k (first time I got 36k and then 38k something) and then I recieved 40k directly, am I required to file some form of tds?
And only after resignation they said 1 month notice, even though I told them that I won’t be able to come after 11.
And we never got any gazetted holiday, today I got to know from another employee that when asked about today’s holiday the ceo said ” aisa kuch nahi hota yaha”
-
-
-
-
VVandanashark196
PARTICIPANT
April 10, 2025 at 9:57 amRelax you got nothing to worry about.Not all threats are followed with action.
They will be required to give your exit papers.
Keep calm and carry on and next time.
-
UUrbanjiya5198
OP
April 10, 2025 at 10:35 amThey were pretty adamant about not giving any papers-
VVandanashark196
PARTICIPANT
April 10, 2025 at 10:40 amIf you need employers are okay with no wanting the exit papers then you don’t have to fret about it.Also, they won’t take any actions as their case isn’t strong plus companies don’t initiate such actions as it’s time consuming and seldom results in any positive action.
Speaking from my experience as a in house counsel.
-
VVandanashark196
PARTICIPANT
April 10, 2025 at 10:40 amIf your new* -
UUrbanjiya5198
OP
April 10, 2025 at 2:34 pmThank you for the reassurance
-
-
-
-
PPrimetejas7441
PARTICIPANT
April 10, 2025 at 9:59 amThere are no documentations still no pay slips , you were just a freelancer like to them , 3 employees they can do jack shit about legal things , reply them you will confront them legally with all evidences , they would back out as reputation will sink-
UUrbanjiya5198
OP
April 10, 2025 at 10:34 amOkay, but should I talk to a lawyer atleast?-
PPrimetejas7441
PARTICIPANT
April 10, 2025 at 10:35 amChill ,hey I’ll subside , but convey this information to your new employer-
UUrbanjiya5198
OP
April 10, 2025 at 10:36 amOkay okay thank you so much
-
-
-
-
EEpicowl9962
PARTICIPANT
April 11, 2025 at 5:05 amchill. it is internship not employment. the fact that they are unfamiliar of differences between internship and employment is very clear. -
EEpicowl9962
PARTICIPANT
April 11, 2025 at 5:06 amchill. it is internship not employment. the fact that they are unfamiliar of differences between internship and employment is very clear. all you mentioned here is saying that the previous employer was defrauding you technically speaking.
-
-
AuthorPosts