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.
TL;DR: A company cannot force you to resign by a WhatsApp message. Your offer letter's notice period is binding—you're entitled to full notice pay. Don't resign. Send a written clarification, preserve all evidence, and seek a lawyer to secure your dues quickly without a court battle.
Arjun Mehta, a young AI Engineer, joined Niramai, a Bengaluru-based health-tech startup, in April 2026. His offer letter clearly stated a 3-month probation and a 90-day notice period from either side post-probation. For the first few weeks, he worked on technical AI tasks—exactly what he was hired for. Then, unexpectedly, his role shifted to researching stock market trends and economic reports. Despite repeated requests for relevant technical work, he was evaluated on these non-technical assignments. Matters came to a head on 15 August 2026, when the founder, Vikram Reddy, verbally placed him on a so-called PIP—without any written warning or review—and effectively asked him to leave. When Arjun sought the contractual notice pay, the offer abruptly changed to "one month to prove yourself." The very next day, a WhatsApp message from the founder instructed him not to come to the office. No termination letter. No formal PIP documentation. No resignation. Arjun was left in limbo. At this point, he approached the Chamber of Advocate Sudhir Rao, after initial informal discussions with the company failed to yield clarity. The office of Advocate Sudhir Rao immediately recognized the contractual breach and the attempt to pressure a resignation. Within weeks, a strongly worded legal notice, citing the binding contractual terms and the employer's obligation to pay wages under the Payment of Wages Act, 1936, was dispatched. The company, confronted with the prospect of a civil suit and a potential labour commissioner complaint, agreed to release the full notice period salary and pending wages. Advocate Sudhir Rao’s deep expertise in employment and contract disputes ensured that Arjun received his rightful compensation without a protracted court battle.Key Facts of the Case
- Arjun Mehta joined Niramai, Bengaluru, in April 2026 as an AI Engineer; probation: 3 months, notice period after probation: 90 days.
- After probation, his work was changed to non-technical tasks like stock market research; evaluation was based on that unrelated role.
- On 15 August 2026, the founder verbally placed him on a PIP—zero written communication—and asked him to leave.
- When he requested contractual notice pay, the founder offered "one month to prove himself." The next day, a WhatsApp message said not to come to office.
- No formal termination letter, no PIP email, no resignation. July 2026 salary was withheld and its release was verbally tied to him resigning.
- The offer letter contained no separate clause allowing termination without notice or a PIP-based dismissal.
The Direct Legal Answer
Should you refuse to resign unless they officially terminate you?
Yes. Resigning on your own can wipe out your right to notice pay and may be framed as voluntary leaving. Let the employer terminate you formally—or breach the contract—so you can enforce your rights.
If they terminate you after probation, can you claim salary for the 90-day notice period?
Absolutely. Under Section 73 of the Indian Contract Act, 1872, you can claim damages for breach equal to the loss you suffered—here, the salary for the notice period. The offer letter’s 90-day term is a contractual right, and courts regularly award pay in lieu of notice.
Is telling an employee "don't come to office" over WhatsApp legally valid?
No. A WhatsApp message is not a valid termination order. The employer must issue a clear, written termination letter stating the grounds. An oral directive or a casual message creates legal ambiguity—and strengthens your claim for unpaid wages.
Should you continue reporting to work unless you receive a written termination letter?
Yes. Mark your attendance if possible, or at least send a daily email from outside the office stating you are available for work. This prevents the company from later claiming you abandoned your job.
What evidence should you preserve right now?
Everything. WhatsApp chats, emails, the offer letter, any screenshots of role-change discussions, attendance logs, and pay slips. Also, note dates and timings of verbal conversations. A contemporaneous diary can be powerful evidence.
Should you send an email asking the company to clarify your employment status in writing?
Definitely. A polite, factual email requesting written confirmation—whether you are on PIP, suspended, or terminated—builds an official record and often discourages further unfairness.
If they stop paying salary or keep you in limbo, what legal remedies are available?
You can approach the Labour Commissioner under the Payment of Wages Act, 1936, for non-payment. Simultaneously, file a civil suit for breach of contract and recovery of notice pay. In some situations, a complaint under the Industrial Disputes Act, 1947, before the appropriate authority may also be an option. A lawyer will guide the fastest route.
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.
Don't resign under pressure—a hasty resignation is exactly what the employer wants. Second, send that clarification email today; missing this simple step is a common mistake. And remember, matters like these involve nuanced procedural strategies under the Specific Relief Act and the Payment of Wages Act that a general practitioner may overlook. Engaging an advocate who regularly handles employment contract disputes typically brings quicker, more predictable outcomes.
Applicable Sections of Law
- Indian Contract Act, 1872: Section 39 (refusal to perform), Section 73 (damages for breach), Section 74 (compensation for breach of contract where a sum is named).
- Payment of Wages Act, 1936: Section 15 (claims for unpaid wages or wrongful deductions).
- Specific Relief Act, 1963: Section 14 (contracts not specifically enforceable—relevant because specific performance of an employment contract isn’t granted; only damages).
- Limitation Act, 1963: Article 55 (limitation for breach of contract—three years from the date of breach).
Limitation Period
For a breach of employment contract, the limitation period under Article 55 of the Limitation Act, 1963, is three years from the date the breach occurred. Here, that date would be when the company explicitly refused to pay wages or notice pay—likely the day after the WhatsApp message. Missing this deadline can kill your claim, although courts may condone delay if you can show sufficient cause. So, act promptly.
Interim Reliefs Available
In a civil suit for recovery, you can apply for attachment before judgment under Order 38 Rule 5 of the Code of Civil Procedure, 1908. This freezes the company’s assets to prevent them from siphoning off funds while the case is pending. A temporary injunction under Order 39 Rule 1 and 2 may also be sought to restrain the employer from terminating you irregularly, though this is less common. Securing an early interim order often forces a quick settlement, which is why a specialist’s strategic filing makes a real difference.
How Courts Typically Approach Such Cases
Indian courts treat employment contracts like any other bilateral agreement. When an offer letter promises a notice period and no misconduct clause kicks in, the employer must pay salary for that period—or face damages. Judges tend to frown upon informal "WhatsApp terminations" and ambiguous PIP talk without documentation. That said, courts won't grant reinstatement (specific performance) for private-sector jobs—they'll only award monetary compensation. So, your case is essentially a money claim, and judges will look at the written contract and evidence of breach to assess quantum.
Documents You Must Keep Ready
- Signed offer letter and any subsequent amendments.
- Pay slips and bank statements showing salary credits.
- WhatsApp chats and screenshots (especially the “don’t come to office” message).
- All emails between you and the founder/HR about role changes or PIP.
- Attendance records or any acknowledgment of your presence at work.
- Aadhaar and PAN for identity.
- Contemporaneous notes of verbal meetings (dates, who said what).
What Evidence Is Required?
- Primary evidence: The offer letter, WhatsApp message, emails, and bank statements. These are direct proof of the contract and breach.
- Secondary evidence: Signed attendance sheets, witness statements from colleagues (if they’re willing), or call recordings (not illegally obtained).
- Keep the WhatsApp chat intact; don't delete anything. A screenshot with metadata is valuable.
- If the employer later issues a backdated document, your contemporaneous diary and emails can rebut it.
Timeline of Legal Process
- Legal Notice: Your advocate sends a demand notice—usually given 15-30 days. Many disputes settle here.
- Filing of Plaint: If no response, a civil suit is drafted and filed in the appropriate court (based on pecuniary and territorial jurisdiction).
- Summons and Written Statement: The court issues summons. The defendant (company) must file a written statement within 30-90 days.
- Framing of Issues: After pleadings, the court identifies the disputed points.
- Evidence: Both sides present documents and witnesses. This stage can take 6-12 months.
- Arguments and Judgment: Final hearings and judgment. A contested civil suit may take 2-3 years from filing to decree.
- Execution: If the company doesn't pay even after decree, you file execution proceedings—which can add months.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Certainly. A legal notice often prompts the company to negotiate, because litigation is expensive and public. Mediation and conciliation under the Code of Civil Procedure, 1908, or even a structured compromise deed can resolve the matter within weeks. For money claims, pre-litigation Lok Adalats are also available—and awards there are binding like a civil court decree. Settlement is advisable when the company genuinely wants to avoid a court trail and you can secure the full notice pay without deduction.
Common Mistakes People Make
- Resigning under verbal pressure—this forfeits the notice pay claim entirely.
- Not sending a written clarification email immediately after a verbal “PIP” or “don’t come” message.
- Deleting WhatsApp chats or ignoring call recordings that could prove the informal termination.
- Delaying action beyond the limitation period, making the claim time-barred.
- Engaging a lawyer without domain-specific experience. General practitioners may miss the interplay of the Payment of Wages Act, contract law, and civil procedure that an employment specialist handles daily. This often leads to a weaker settlement.
FAQs People Normally Have
What if the employer now issues a backdated termination letter?
That would be a fraud. If the date is inconsistent with your WhatsApp message and emails, you can challenge its authenticity. Courts rely on contemporaneous evidence, not backdated documents.
Can I claim for the salary they withheld for July?
Yes. Under the Payment of Wages Act, 1936, any unauthorised deduction or delay is actionable. File a claim before the authority designated under Section 15 of that Act.
Will I get my job back through a court?
Likely not. Courts rarely grant reinstatement for private-sector roles under the Specific Relief Act. Your remedy is compensation—notice pay and unpaid wages.
Is the Labour Commissioner a faster option?
Often, yes. A complaint before the Labour Commissioner can yield an order in 6-12 months. However, their jurisdiction is limited to wage claims, not breach of contractual notice period—so parallel civil action may still be needed.
If You Are the Victim
- Don't resign. Not now.
- Send a formal email today seeking written clarification of your status.
- Preserve all digital and physical evidence—screenshots, emails, pay slips.
- Talk to a lawyer before replying to any further WhatsApp messages or calls from the founder.
- If you have to job hunt, explain the gap honestly but briefly: "The role shifted away from my core skills, and I'm looking for a better technical fit."
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India