I left my organisation before the due date

by Shivendra Pratap Singh | Apr 23, 2023 | Service Matters

I left my organisation before the due date. I left the organization after resigning, but the company had me sign a document stating new KPIs and that I should stay with the company until a certain date. However, I left before that date due to a couple of concerns, providing the company with 30 days of intimation. Now, upon asking for my relieving letter, they are referring to that document and stating that I breached it, and are preventing me from working for a new organization. Can you please suggest what I should do?

If an employee leaves an organization before the agreed-upon date, it may result in legal consequences, depending on the terms of the employment agreement and applicable laws. Some potential legal consequences include:

  1. Breach of contract: If the employee has signed a contract with the employer that specifies a notice period or an agreed-upon end date, leaving before that date may constitute a breach of contract. The employer may be entitled to damages or other legal remedies as a result.
  2. Loss of pay and benefits: If the employee leaves before the agreed-upon date, they may not be entitled to any remaining pay or benefits that they would have received if they had stayed until the end of their contract.
  3. Restrictive covenants: If the employee has signed an agreement with restrictive covenants, such as a non-compete or non-solicitation agreement, leaving before the end of the contract may result in a breach of those covenants. The employer may be entitled to damages or injunctive relief to enforce those covenants.
  4. Negative impact on future job prospects: Leaving an employer before the agreed-upon date or without proper notice may result in a negative impact on the employee’s future job prospects. This is especially true if the employer provides a negative reference or reports the employee to relevant professional bodies or regulators.

Overall, leaving an organization before the agreed-upon date may have significant legal consequences. It is important to carefully review any employment agreements or contracts and seek legal advice before taking any actions that may breach those agreements.

It is important to carefully review the document you signed to determine if it is legally binding and enforceable. If the document is not enforceable, then you can inform your previous employer that you are not bound by its terms and demand that they issue you a relieving letter.

However, if the document is legally binding, and you did breach it by leaving before the specified date, you may need to negotiate with your previous employer to find a mutually acceptable solution. You could try explaining the reasons for leaving early and discuss potential remedies or alternatives.

This agreement is legally binding hence, you have to follow its terms and conditions. In some circumstances the notice period may be extended or exempted if it does not affect the recruitment policy of the organisation such as affecting the work, pendency of incomplete task etc.

The binding force of an agreement refers to the legal obligation of parties to comply with the terms of the agreement. When two or more parties enter into a valid and enforceable agreement, they are bound by the terms of the agreement and are legally obligated to fulfill their obligations under the agreement.

The binding force of an agreement is determined by several factors, including the validity of the agreement, the capacity of the parties to enter into the agreement, and the legality of the agreement’s terms. If an agreement is not valid, for example, if it was entered into under duress or coercion, then it may not be binding. Similarly, if one or more parties lack the capacity to enter into an agreement, such as minors or persons with mental incapacity, then the agreement may not be binding.

In order for an agreement to have a binding force, the terms of the agreement must be clear, certain, and not in violation of any laws or public policies. Once an agreement is deemed legally binding, parties are required to comply with its terms and any breach of the agreement may result in legal consequences, such as damages, injunctions, or other remedies.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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