One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X had signed an employment agreement with XYZ Pvt Ltd with a joining date of DD/MM/YYYY. However, on the morning of his joining date, he sent a formal email to HR withdrawing his acceptance due to medical emergency in his family. The HR responded that payroll had already been processed. Mr. X was concerned whether the company could mark him as “absconding” even though he had formally communicated his withdrawal before actually joining. Additionally, the company had provided him with a laptop during the offer process which he was unable to return due to the sudden family emergency. The company was not responding to his attempts to coordinate the return of company property, creating further complications in his employment record.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all communications with the company including emails and messages
• Maintain records of the medical emergency that prevented joining
• Keep attempting to return company property through multiple communication channels
• Send formal legal notice if company refuses to accept property return

Applicable Sections of Law

This situation involves several provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 316 of BNS deals with criminal breach of trust if company alleges misappropriation of laptop. Section 351 of BNS covers defamation if false absconding status affects future employment. Section 406 of BNS addresses dishonest misappropriation of movable property. Under BNSS, Section 173 provides the framework for lodging complaints, while employment disputes fall under civil jurisdiction requiring proper documentation and legal notice procedures.

If You Are the Complainant

• File complaint with Labour Commissioner if company creates false employment records
• Approach Consumer Forum if company’s actions cause financial loss in job search
• Document all attempts to resolve matter amicably before legal action
• Gather evidence of medical emergency that necessitated withdrawal
• Maintain timeline of all communications and company responses

If You Are the Victim

• Immediately send written communication explaining your position and medical emergency
• Offer multiple options for returning company property with proof of delivery
• Request written confirmation that you will not be marked as absconding
• Seek clarification on any financial obligations or payroll processing issues
• Contact senior management if HR is unresponsive to resolve the matter

How the Police Behave in Such Cases

Police generally treat such matters as civil disputes unless there’s clear evidence of criminal intent. They may register FIR if company files complaint alleging theft of laptop, but will examine whether genuine attempt was made to return property. Police often suggest mediation for employment-related disputes. They focus on intent to defraud rather than technical breach of employment terms. Investigation typically involves verification of communication records and attempts at property return.

FAQs People Normally Have

Can company mark me absconding without joining? Technically no, as absconding means leaving job without notice after joining. Pre-joining withdrawal with proper notice is different.

Will this affect future employment? Only if company falsely reports to background verification agencies, which can be challenged legally.

What if company refuses to take laptop back? Send legal notice with delivery proof. Court can order company to accept return.

Is processed payroll my liability? Generally no, as employment contract never commenced. Company’s internal processing doesn’t create employee obligation.

What Evidence Is Required?

• Original offer letter and employment agreement copies
• Email communication withdrawing acceptance with timestamps
• Medical certificates or documents proving family emergency
• Screenshots of attempts to contact HR for laptop return
• Delivery receipts if company property was couriered
• WhatsApp messages or call logs showing communication attempts
• Any company responses or acknowledgments of withdrawal

How Long Will the Investigation Take?

Employment disputes typically take 6-12 months for resolution through labour authorities. If police complaint is filed, preliminary investigation takes 2-3 months. Court proceedings can extend 1-2 years depending on complexity. However, most cases settle through negotiation within 3-6 months when approached with proper legal notice and documentation. Timeline reduces significantly with lawyer intervention and formal legal communication.

Advocate Sudhir Rao, Supreme Court of India