Past employer pulling me in court for breaking the bond

[troubledsoul2008]

I had joined a company as a trainee in Feb 2011, they made me sign a bond for 2.5 years where 75000rs was the money they wanted incase I broke the bond, they also took two of my original certificates for safety period of 2.5 years. I left the company after 4-5 months and cited personal reasons, I never went back to collect certificates.

Today after 2.3 years they sent me a court order where they want to file a case against me. Can you help what can be the probable steps I could take against them?

1) Should I go for a settlement? If so then please suggest the way to do so!
2) Court case and legal fights?

[admin]

I've too worked in top blue chip companies. One thing I've heard is that only two way legal agreement is tenable in court. That is, equal amount of money if they remove you or if you leave the job.

Secondly once I visited US on company's behalf, I was made to sign no-resign agreement for I think 3-6 months after the date of journey.

Keeping original certificates will be called black-mailing and I think it is illegal to keep them as security. But how will you prove that you indeed gave them the originals?

If you see another angle, if they invest heavily in training you then they ought to recover from you the expenditure in case you do leave for "reason of profit". Even in government dept. in India have this agreement, then why not in the private companies in India?

I suggest don't go for settlement just yet. Court procedure moves at snail pace. Wait before you receive a notice. Please consult with expert corporate lawyer who may charge you some Rs. 5000 or more for this. Then only think of settlement on their advice. Who know they might have technical glitch in the agreement. Talking with anyone else will be waste of time.

Companies have their lawyers free and they sue just to set a precedent for their employees to see and not to earn money not the case.

This is what I think.

[troubledsoul2008]

Hello There Admin,

Thanks a lot for your prompt message. They had acknowledged me with a photocopy saying that they have my original certificates with them as a security deposit, which will be returned on ending of the bond period orelse if bond is broken, I cannot claim it.

They are totally after money, I took legal advice and discussed with their lawyer on this. They asked me to pay 50k and settle this! I never got nethin more than 15k as total of 4 month stipend from them...its extortion, total bullshit which they are upto.

Moreover they happen to call my current workplace and inform about all this..which is totally unethical from there part I guess. Though I have made my current employer totally aware of the scenario.

After 2.3years there is literally no point in doing all this..Incase its majorly money extraction. What is your suggestion on this story?

[admin]

In any case don't let them know of your uneasiness.
Show that you're ready to fight .. I can assure you that going to court and recovering Rs. 75000 in the course of 5-10 years will cost more than a Lakh to the company. If the company is doing as a policy then they money does not matter for them.

If you really want to pay then wait till the last moment ... who knows they may back off.

Even if you don't respond, court will order only payment of the bond amount and nothing else. If you still don't pay then only something court will order against you. I suggest you meet your current company's corporate lawyer and ask for suggestion. If you request your HR they'd do it for free to you I guess.

[troubledsoul2008]

Hello,
The company is not doing this as a part of policy because
1) There happened to be a similar case as mine, they took 25k from that guy and set him free
2) Another fellow stood up and shouted and said wotever this is its illegal and nothin holds true, and he is free till today!

Both the stories point me to only one thing...they are plain and simple after the money and nothing more. Is it a simple wait n watch game now? As to who moves next?

[admin]

At least show them till the last that you're ready to fight the case.

If they are not doing as a policy, then going to court and recovering Rs. 75000 in couple of years could be costly exercise for them.