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The worst they can do is fire you
Trilegal has sent an official email to the entire office this evening for revising the notice period (which was earlier 30 days) to 90 days citing market practices, protecting client interest, ensuring business continuity and blah blah (you get the gist). This change comes into effect from tomorrow (April 28), just when bonuses are about to be paid by the end of this week. Not to mention the obvious, but suppose if you were to put down your papers today to escape the 90 days notice period, you lose your bonus as per your retainer agreement. Thoughts?
Offer letter terms are agreed and accepted right? Can they unilaterally change it? How is this even market?
Can the firm unilaterally change the terms of an agreement without agreement from the lawyers? What if I send an email tomorrow to the Management Committee saying wef today my retainership fee is revised to 3 crore per month. Dimwits.
1. Unilateral change of material terms of any contract is voidable at the option of the other party (read retainer lawyer).
2. Timing indicates coercion.
3. Conduct resulting in acceptance: again, for anyone looking to resign tomorrow, can say I do not consent to this and will serve notice as per the retainer letter/agreement I have signed. The key issue is a reasonable time period.
So there you have it, it does not stand any legal test.
Now the practical bits:
1. Trilegal folks always shout we are a firm built by first gen lawyers blah blah blah....ethics....morals...army background....
then why this? walk into any Trilegal office, most partners are missing in action. Each EP at Trilegal who reaches 5+ years at the partnership just wants the team to work on auto mode and not be bothered. Some senior partners are much worse and everyone in the firms knows who they are.
2. No one will fight with with the firm legally, but imagine the domino effect. Anyone negotiating a new job offer is now delayed by a quarter - consequent bonus reduction at the new place - direct rejection at in-house or other jobs that are in immediate need of a legal resource.
3. If Trilegal's is the Google of law firms, why is it acting like Luthras and Amarchands?
4. This is a firm which said we have signed UN Charter on blah blah....and then they harass everyone like this? Or does this not apply to Female lawyers?
5. In the quest for growing and becoming a large law firm, Trilegal has no culture left. There is the New HR Head who is the most clue-less person. But wait a minute, how did the great MC sign off on this?
Gorthi sahab, Parikh sahab, Contract Law ki Bangia padlo if you are out of touch.
All being said, there comes a time, when an organization loses its culture and the moral high ground - I guess for Trilegal - this is it.
My suggestion - Trilegal motto should be this - The Better you are at Internal Politics, more money you will make at Trilegal. Client who?
How do you justify a regressive move?
Step 1 - Get everyone to fill in some lala corp. survey which is purportedly aimed at giving an independent view at the best law firm to work for. Considering that the overall firm level policies are not so bad and the pay is good, everyone gives a great review.
Step 2 - Right before bonus and close of survey, announce the regressive move.
Survey already khatam. Good reviews are already in. Work for FY 2021-22 already taken. Ab pandu log kya kar lega? If anyone asks, flash the Vahura survey on their face.
What is conspicuously missing is that - Can the firm can still terminate by giving only 30 days pay? Or will they pay for 90 days in lieu of termination notice?
Mission passed. Respect + cue GTA music
Some free advice for the "lawyers" here.
1. Trilegal cannot specifically enforce an employment contract. Please see Specific Relief Act, judgements of the Supreme Court etc.
2. Trilegal will not sue it's associates for violating the notice period or seek damages
Rest is up to you. Are you chattel? Are you just good at cribbing? Or are you a lawyer?
No, dont be surprised they just might i know somebody who wanted to. There's already non-solicit going around.
Wait for this Infosys and government show on non-compete to settle, ya'll will eat shit.
They're just counting on you to fall in line. You might want a good reference, which is their only leverage. Nothing will happen if you just stop showing up for work even without formal resignation, only you'll burn bridges with your partner.