I received an offer letter that stated a 45-day notice period, to which I replied with my acceptance. However, when I began the job, the role was different than what was described to me during the interview. Additionally, the offer letter stated that the shift timings would be fixed from 9:00am to 6:30pm, but I was made to stay until 9:00pm, resulting in health issues. I was also told that I would get the 2nd and 4th Saturdays off, but that never happened. Therefore, I left the company without giving a resignation and informed my supervisor that I wouldn’t be reporting to work the following day. My last working day was 11th May 2018, and today I received a letter from the company asking me to serve a 45-day notice period or pay the liable amount, and threatening me with criminal/legal action if I do not comply. I am unable to serve the 45-day notice period as I will be joining a new company on 27th June 2018. Could they take criminal/legal action against me based on the email I sent accepting the offer? I was not issued an appointment letter by the company, nor did I sign any document containing a termination or resignation clause. Please advise me on what to do as soon as possible.
How long did you work for this organisation? Do you require any proof of employment? It appears that there is no documentation regarding your notice period and no appointment letter was issued. This organisation would not have any legal grounds to take any criminal or civil action against you. Have you informed your new employer about your prior employment with this company?
I was employed from 02nd May 2018 to 11th May 2018. I did not receive an appointment letter that included a resignation and termination clause. I am concerned that the offer email I received contained two attachments, one of which included details about working hours, leave policy, probation period, and notice period, and the other of which included salary break-up. I accepted the offer via email. I am worried that the company may take legal or criminal action against me, or publish the details in a widely circulated newspaper. Can you please provide me with advice on how to handle this situation so that it does not affect my new employment? I have attached the document they sent me with the offer for your reference. Thank you for your help.
The annexure provides clarity on the notice period. Ignorance of the clauses is not an excuse. Your signature on the acceptance and commencement of duty implies that you have accepted the terms and conditions. It is advisable to seek legal advice to determine if the company will take any legal action against you.
My research has found that an Offer Letter is not considered a valid document to establish a contractual agreement or an employer-employee relationship. It is, however, a way to inform a candidate of an employment opportunity and its particulars, such as compensation and start date, and to request necessary documents for employee verification. The main difference between an Offer Letter and an Appointment Letter is the stage in the recruitment process that each represents. An Offer Letter is sent after a decision is made to hire a candidate, and the candidate is given a certain amount of time to accept or reject the offer. An Appointment Letter is issued after the Offer Letter is accepted and details job and company formality particulars. An Offer Letter typically includes an employment designation, location, start date, job posting, and agreed-upon salary. It also requests original copies of identification, Social Security data, degree certifications, and other legal employment requirements. An Appointment Letter is usually provided at or near the start date of employment or after the probation period with a firm. It serves as evidence that a new hire has been appointed to a certain position and includes details such as the legal terms of the employment agreement, responsibilities, duty hours, compensation, bonuses, benefits, transfer terms, leave entitlement, and a termination or resignation clause.
I have not taken any action. I simply responded to the email indicating my acceptance of the offer. Thank you. Best regards
It appears that your work for the past 8 days implies an acceptance of the offer. The company may take action if they wish to do so. The email you received is clear about the notice period. Ultimately, the choice is yours. We can only offer advice based on the information you have provided. Please note that the links and information you have shared are based on US law, which may differ from Indian law. Wishing you the best of luck.
Dear, The offer of employment from 02nd May 2018 to 11th May 2018 that was accepted via mail is sufficient. Your grievances regarding extended working hours and days are not applicable at this time. Your actions are in violation of the terms of appointment and your employer is within their rights to take legal action. If there is a medical issue, it may help you in the event of a legal battle. Some employers may choose to publish the matter in local and national newspapers with a photo of the staff member who absconded and an appeal to inform the publisher. Do not assume everyone is naive. You made a mistake and should accept it. Doing so would be beneficial in the long run as you will have to face the consequences.
What is the process for creating an appointment letter for a Human Resources General Manager?