Legal Question in Employment Law in India

I joined in a company in Nov 2010 for better prospects and financial security foregoing job offers from other company. But, I found that the work environment and nature of work are not suitable for me and left the company in Feb 2011 without any formal resignation. The company nor me neither contacted each other thereafter. I also shelved my higher education plans abroad due to the employment in the company at the last minute. While joining, I submitted my original certificates to the company.

After leaving the company in Feb 2011, I wanted to do my MS abroad. But, all the admission deadlines for good universities (for Aug2011 intake) had elapsed then. So, I could not apply to universities and had to wait for next intake i.e Jan 2012. Meanwhile I could not take considerable employment for such a short period (6-8 months) and since my original documents were with the company. So, because of the company and its work environment I had to lose around 1 year of my precious time, salary associated with it, other job offers which were in my hand at the time of my joining the company, 1 year delay in my higher studies abroad. Now, I have applied to universities for MS for Jan 2012 intake and got I-20's. I am going for visa interview in the last week of Nov 2011.

Because of the company, I have to lose nearly 1 year of my salary (from Feb-Dec 2011), suffer mental agony, embarrassment from my friends and relatives (as I was unemployed during that period), lose nearly 1 year of precious time in my career (gap of nearly 1 yr), lose job offers from other companies which were in my hand at that time, in addition I had to spend nearly Rs 30,000 for my applications to universities. I even was forced to apply to the less popular intake of Jan 2012 instead of Aug intake (Fall intake). This was all a loss to my reputation, career and exchequer (financial loss).

Can I send a show-cause notice to the company asking why shouldn't I demand money for my loss of nearly 1 yr salary, compensation for loss of 1 yr of my career and additional compensation for the physical and mental agony and embarrassment I have gone through.? Please give me a good advice on this and necessary instructions on how to proceed in this direction.


Asked on 11/06/11, 12:12 am

2 Answers from Attorneys

Hi,

You should send a legal notice to the company for demand of your original certificates and compensation for what you have suffered. Gather all the communications you had with the company for demand of certificates etc.

You will get your certificates back. One question; did you sign any employment bond with the company at the time of appointment?

Regards

Jeevesh Mehta

Advocate

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Answered on 11/06/11, 8:56 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Your appointment letter needs to be seen, however you may apply for return of your testimonials. For clarifications feel free to contact the undersigned.

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Answered on 11/12/11, 4:44 am


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