Dear Team Members, Recently i have joined with new company without serving notice period. Now my previous employer is asking for the final settlement of 2 months salary. Kindly suggest me how much which amount i need to pay, its Gross pay or net pay. Thanks Bhargav
You are in America so local employment laws will apply. Did you sign a contract with the employer? I imagine you'll be able to settle on an amount less than 2 months but you need to "lawyer up" pretty damn quickly.
post your contract with your old company - make sure to block your name and details. And your company name as well and we can check the contract. Then some one may be able to answer your question.
He must be using a proxy, because this does not sound like an American employment issue at all. From the little I've heard about India here it sounds like he is an Indian. In America, expect under the rarest of circumstances for high level employees, would you ever owe money back to your employer for quitting and taking a job elsewhere. I have heard of such things in India where someone agrees to a certain term of service and then does not complete the service and the employer basically charges them for leaving the job early. If that is what he is talking about, there is no way that is legal in America - anywhere - except possible for an executive who was paid some sort of large advance in anticipation of a long term of work. Even then, it is nearly impossible to demand money back.
It's common practice in many countries for such contractual terms to appear, "He must be using a proxy, because this does not sound like an American employment issue at all." ouch, who is to say he hasn't gone to the USA or even any were in the EU to work Post your contract with name & company name blocked out, let us read over it and assist you better, If this isn't an option for you then seek legal advise and pretty quickly too.