If you are stuck in such a situation, here is what to do.

Mr. Sameer, a skilled software engineer, recently accepted a position at a prominent technology firm, ‘Innovate Solutions Pvt. Ltd.’, located in Pune. However, within three weeks of joining, he found the work environment to be untenable due to extreme pressure and unreasonable demands from the management, including being asked to work on weekends to meet aggressive deadlines. Feeling overwhelmed, he decided to resign.

Following his resignation, the company’s CEO, Mr. Verma, contacted him on his personal WhatsApp number. During the call, Mr. Verma was verbally aggressive, and while he did not use expletives, he threatened to initiate legal proceedings against Sameer if he absconded without serving the full two-month notice period as per his employment agreement. The HR manager later reiterated this, informing Sameer that his salary for the time he had worked would be withheld until the notice period was completed. The CEO claimed significant resources were spent on his training, a point Sameer disputes as he received no formal instruction and was required to use his personal laptop for all official work. Sameer has sent a formal resignation email but has not received any written acknowledgement. He is prepared to buy out the notice period but is deeply troubled by the company’s hostility and wants to sever all ties immediately.

Advice in such cases

• Document Everything: Keep a record of all communication. Save the resignation email, take screenshots of any threatening messages (if any), and make notes of verbal conversations, including the date, time, and what was said.
• Review Your Employment Contract: Carefully read the clauses related to the notice period, resignation, and buyout options. Understand your contractual obligations and the company’s rights.
• Communicate Professionally and in Writing: Do not engage in verbal arguments. Respond to all threats or demands via email. If you are willing to buy out the notice period, state this clearly in a formal written communication to the HR department and the CEO.
• Do Not Abscond: Simply disappearing can weaken your position. It is always better to formally resolve the separation, either by serving the notice period, negotiating a shorter period, or paying the buyout amount.
• 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 of 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.

Applicable Sections of Law

Such disputes are primarily governed by contract law and labour laws.

• Indian Contract Act, 1872: The employment agreement is a contract. A breach of the notice period clause by the employee can lead to the employer claiming damages. However, the damages must be a reasonable estimate of the loss suffered and not a penalty.
• Specific Relief Act, 1963: Indian courts generally do not grant specific performance for contracts of personal service. This means an employer cannot legally force an employee to work against their will. They can only sue for monetary damages, if any.
• Bharatiya Nyaya Sanhita (BNS), 2023: If the threats escalate to criminal intimidation (e.g., threats of physical harm), provisions of the BNS could be invoked. However, a threat of a “legal lawsuit” is not a criminal offense. Verbal abuse, while unprofessional, may not meet the threshold for criminal action unless it involves specific threats covered under the BNS.
• Payment of Wages Act, 1936 / Industrial Disputes Act, 1947: An employer cannot arbitrarily withhold earned wages. While they can make deductions in lieu of the notice period as per the contract, they must pay the final settlement after such deductions.

If you are the complainant

If you are the employee facing such threats and harassment, you are the complainant in this situation.

• Send a Formal Response: Have your lawyer draft a formal response to the company, acknowledging the resignation, stating your reasons for being unable to serve the notice period (e.g., hostile environment), and reiterating your offer to pay the buyout amount as per the contract.
• Demand Full and Final Settlement: In the same communication, demand the payment of your earned salary and a full and final settlement statement.
• File a Complaint with the Labour Commissioner: If the company illegally withholds your earned wages, you can file a complaint with the office of the Labour Commissioner in your jurisdiction.
• 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 of 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.

If you are the victim

If you feel victimized by the CEO’s behavior and the company’s pressure tactics:

• Prioritize Your Well-being: A toxic work environment can take a toll on your mental health. Your decision to leave is valid. Do not let threats coerce you into a situation that is harmful to you.
• Gather Your Documentation: Collect your appointment letter, employment contract, resignation email, and any other written correspondence. This will be crucial for your defense.
• Cease Direct Communication: If the interactions are hostile, it is best to let your lawyer handle all further communication. This creates a professional buffer and prevents you from saying something that could be used against you.
• 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 of 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.

How the police behave in such cases

The police are generally unlikely to intervene in such matters. An employment dispute, including disagreements over a notice period, is considered a civil matter. A threat to file a lawsuit is not a crime. Police will only get involved if there is a credible element of a criminal offense, such as extortion or a threat to cause physical injury, which falls under the Bharatiya Nyaya Sanhita (BNS). In most cases, they will advise both parties to seek resolution through civil courts or other legal channels.

FAQs people normally have

• Can my employer force me to work during the notice period?

  No. As per the Specific Relief Act, 1963, courts do not enforce contracts of personal service. They cannot compel you to work. The employer’s only remedy is to sue for damages for the breach of contract.

• Can they withhold my salary for the days I have worked?

  They cannot illegally withhold wages you have already earned. However, your employment contract may allow them to deduct an amount equivalent to the salary for the unserved notice period from your final settlement. They must provide a clear calculation for this.

• What is the worst that can happen if I don’t serve the notice period?

  The company can file a civil suit for damages. To succeed, they must prove to the court that your abrupt departure caused them a quantifiable financial loss. This is often difficult to prove. They may also withhold your experience letter and full and final settlement, forcing you to take legal action to recover them.

What evidence is required?

Should the matter proceed legally, the following evidence is crucial:

• The Employment Contract / Appointment Letter.
• The resignation email and any subsequent email correspondence.
• Screenshots of WhatsApp messages or call logs (while the content of a verbal call is hard to prove, the log shows contact was made).
• Any proof of a hostile work environment (e.g., emails with unreasonable demands).
• Your offer to buy out the notice period, sent in writing.
• Bank statements to show salary received and withheld.

How long will the investigation take?

This is not a criminal case, so there will be no police “investigation.” If the company files a civil suit, the process can be very lengthy, often taking several years to resolve in Indian courts. However, most such disputes are resolved much faster through negotiation between lawyers. A well-drafted legal notice from your lawyer can often lead to a settlement within a few weeks to a couple of months, as companies are often unwilling to spend time and resources on protracted litigation with an uncertain outcome.

Advocate Sudhir Rao, Supreme Court of India