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I'm from India. I currently work in a very small gaming company of 8 people. The 2 founders of this company lives abroad ( I don't know the exact country). So, there's this only single person to whom I have to report to. Basically, he's the only higher up I've met, let's call him A for this question

So, this Friday, A decided to quit this company and start a company of his own. Now, 4 other members know him quit well and are quite friendly with him. So, they too decided to quit this company and join him. As for me, I don't really have a choice, because as stated above, he's the only higher up I've met in this company, and the project I'm working on is his own which is 4 months old. I want to complete this project as the as the one in my last company was cancelled an I don't really have any completed projects by my name. So the only choice for me is to join him as well.

Now the real question is, if I'm to leave this company without giving serving any notice period, would I get any legal trouble?

P.S. I'm new here, so if I got something wrong, do correct me please. And I welcome all the edits which will make this question better.

Aditya Yadav
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  • Reducing Notice Period – Bernhard Barker Oct 08 '17 at 16:16
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    @Dukeling, that's from UK. Does it applies everywhere else?. And I should mention that I'm currently on probation period, if that helps. – Aditya Yadav Oct 08 '17 at 16:24
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    That answer is not specific to the UK - violating the terms of a contract can land you in legal trouble no matter where you are. If you're on probation, a shorter notice period presumably applies, but you'll need to check your contract. – Bernhard Barker Oct 08 '17 at 16:31
  • @Dukeling There is a difference between "Am I breaking any law?" and "Will there be legal trouble?" though. It is highly unlikely that a company of 8, which is now essentially half-dead would bother taking the OP to court over this. Besides, even putting that aside, the most they can do is withhold his salary for the duration of notice period (as well as any unpaid salary), and of course, not give him his experience letter. They have pretty much nothing else to claim in court. – Masked Man Oct 08 '17 at 18:35
  • @MaskedMan Sorry to not add the part, that the all 8 members will be joining the new company. – Aditya Yadav Oct 09 '17 at 02:13
  • @AdityaYadav Ok, then your question is unclear. Please edit it to make things clear. "A" decided to start his own company, so I assume he will leave the company soon? So why does he care about completing the 4 month project, and more importantly, why do you care about that project? If all the 8 employees are joining the new company, then I guess the old company would be closed? So who will give you legal trouble? – Masked Man Oct 09 '17 at 03:09

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It depends on what it says on your contract. It may be reasonably easy in this situation to mutually agree on your dismissal with the company holders, but you cannot really take this step for granted.

That you only reported to A up to now does not really bear on this. You need to figure out who to contact when the rest of the company just leaves.

Whose is the signature on your salary check? In an extraordinary situation like this, this might be the person to contact.

  • I just re-read my contract, and the person A is a co-founder and he's the one who signed the contract. And in my contract there is no mention of a giving a notice period when I'm on probation, but only after I have completed my probation period that I have to give notice. – Aditya Yadav Oct 09 '17 at 02:56