Hi Friends,
I am new to this site. I am facing a big problem. I received an offer from company X and I joined. After 2 months, a background verification was conducted by my current company, and the overlapping of joining and relieving dates from my previous companies became a significant issue. At that time, I didn't notice and didn't take much care about my future. Let me explain the problem clearly.
The relieving date from my first company is 20th October 2008, and the joining date for the second company is 5th October 2008, which has become a big issue. During that time, I was in the notice period for the first company, so my second company asked me to join immediately due to a need for resources. They asked me to join promptly. How can I resolve this issue? If I fail to submit any documents, my current company will terminate my employment. Moreover, this could also pose a problem with any future companies.
Please help me.
From India
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1I am new to this site. I am facing a big problem. I received an offer from company X and I joined. After 2 months, a background verification was conducted by my current company, and the overlapping of joining and relieving dates from my previous companies became a significant issue. At that time, I didn't notice and didn't take much care about my future. Let me explain the problem clearly.
The relieving date from my first company is 20th October 2008, and the joining date for the second company is 5th October 2008, which has become a big issue. During that time, I was in the notice period for the first company, so my second company asked me to join immediately due to a need for resources. They asked me to join promptly. How can I resolve this issue? If I fail to submit any documents, my current company will terminate my employment. Moreover, this could also pose a problem with any future companies.
Please help me.
From India
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Hi,
It is better that you ask your previous company for a relieving letter stating the date on which you were actually relieved from your previous position. If you joined your new company on 5th October, then your previous employer cannot issue you a relieving letter with a date of 20th October.
Thanks & Regards,
Vidya
From India, Delhi
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It is better that you ask your previous company for a relieving letter stating the date on which you were actually relieved from your previous position. If you joined your new company on 5th October, then your previous employer cannot issue you a relieving letter with a date of 20th October.
Thanks & Regards,
Vidya
From India, Delhi
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Have you company already fired you ? You can say them that u are in this situation because of their urgency.Otherwise you could have joined after 20th Oct.
From India, Pune
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From India, Pune
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Thank you for replying. My company has not fired me; I received an email from HR requesting necessary documents, stating that I will be fired if they are not provided. The issue is ongoing. Yesterday (02/06/08), my second company sent an email acknowledging that I am in a three-month notice period. Due to a project emergency, they requested me to join immediately. They have sent this information to HR. Is this sufficient, or do I need to provide any additional documents? I am awaiting HR's response. Today, they will finalize this issue.
From India
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From India
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I think your company will be ok with the mail.Lets hope for a good result. Let us know what happens to you.
From India, Pune
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From India, Pune
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Dear Nilanjanag,
HR is on leave, and there is no one else available to advise me on the documents I need to submit. When I inquired about this, some people mentioned that this email is sufficient, and I should wait for HR. If you have any idea about the documents I can submit, please let me know. I will try to gather those before receiving an email from HR.
Thank you.
From India
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HR is on leave, and there is no one else available to advise me on the documents I need to submit. When I inquired about this, some people mentioned that this email is sufficient, and I should wait for HR. If you have any idea about the documents I can submit, please let me know. I will try to gather those before receiving an email from HR.
Thank you.
From India
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Hi,
1. Haven't you informed HR about this date overlap before joining? Why are they suddenly making it an issue?
2. Have you received salary from your previous employer until the 20th of October? If they have paid you until the 5th of October, you can ask them to send you an email stating that you have been paid until the 5th of October. This will prove that you have not received salary from two companies simultaneously.
From India, Pune
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1. Haven't you informed HR about this date overlap before joining? Why are they suddenly making it an issue?
2. Have you received salary from your previous employer until the 20th of October? If they have paid you until the 5th of October, you can ask them to send you an email stating that you have been paid until the 5th of October. This will prove that you have not received salary from two companies simultaneously.
From India, Pune
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I informed HR regarding this issue and also sent an email. At that time, they only asked for the exact dates of my previous companies. After receiving the email, they did not mention that it was unacceptable or against company policies; they simply sent me the offer letter. Even at the time of joining, they did not raise this issue.
The first company where I was relieved on October 20th, I submitted my resignation letter in August and was in the notice period until October. They paid my salary in advance and advised me to look for new jobs as the company was laying off employees. Due to an emergency situation, my second company requested me to join immediately. Both my first and second companies paid me until the 20th. My second company also sent an email stating that they took me in due to an emergency and were waiting for HR confirmation.
This situation is causing me sleepless nights. I am worried that this issue will persist wherever I go, turning it into a career problem rather than just a problem with this company.
From India
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The first company where I was relieved on October 20th, I submitted my resignation letter in August and was in the notice period until October. They paid my salary in advance and advised me to look for new jobs as the company was laying off employees. Due to an emergency situation, my second company requested me to join immediately. Both my first and second companies paid me until the 20th. My second company also sent an email stating that they took me in due to an emergency and were waiting for HR confirmation.
This situation is causing me sleepless nights. I am worried that this issue will persist wherever I go, turning it into a career problem rather than just a problem with this company.
From India
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If you informed the company before joining, then they shouldn't make it an issue now. You should clearly show the HR the email that you sent before joining. After how many days of joining the company did HR inform you of this issue? I think this will be okay, and the company will accept you. Don't worry.
From India, Pune
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From India, Pune
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After 2months HR told me abt this issue... even my manager telling hope for the best wait until HR replies... he hopes no bad news is a gud news.. let us see what is going to be...
From India
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From India
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Hi Daitaravi,
Your previous employer was pleased to pay your salary up to the 20th of October in advance and allowed you the freedom to search for a new employer. You found a new job, and due to the insistence and immediate need of the new employer, you joined them 15 days prior to your release from the old employer. Therefore, I don't foresee any issues with your new employer.
From India, Hyderabad
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Your previous employer was pleased to pay your salary up to the 20th of October in advance and allowed you the freedom to search for a new employer. You found a new job, and due to the insistence and immediate need of the new employer, you joined them 15 days prior to your release from the old employer. Therefore, I don't foresee any issues with your new employer.
From India, Hyderabad
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Still waiting for HR/Manager email or phone call. Some of my colleagues said if they are going to fire someone, they wouldn't wait until now. So clear your mind and concentrate on work. But if confirmation comes, then it will be good.
From India
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From India
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I think they are right. your company will not fire you. Let’s hope for a good news. Let me know what happens to you. All the best.
From India, Pune
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From India, Pune
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Hi Nilanjanag,
I think they won't confirm via mail because, as per company policies, dual employment or overlapping of dates are not acceptable. Basing on the proofs which I submitted, they understood the situation but are hesitating to send a confirmation mail. If they send a confirmation via mail, it may be considered a policy violation (I don't know, just thinking). So, no bad news is good news. In the meantime, this week, there is not much pressure from HR side on me. So, whether they send a confirmation mail or not, I need to wait and see. If they remain silent on this issue, can I ask them to send a confirmation mail stating that I am relieved from this issue?
Please let me know if you need any further clarification or assistance.
From India
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I think they won't confirm via mail because, as per company policies, dual employment or overlapping of dates are not acceptable. Basing on the proofs which I submitted, they understood the situation but are hesitating to send a confirmation mail. If they send a confirmation via mail, it may be considered a policy violation (I don't know, just thinking). So, no bad news is good news. In the meantime, this week, there is not much pressure from HR side on me. So, whether they send a confirmation mail or not, I need to wait and see. If they remain silent on this issue, can I ask them to send a confirmation mail stating that I am relieved from this issue?
Please let me know if you need any further clarification or assistance.
From India
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Thank you, parasampur, for replying. There might not be a problem, but what will be the permanent solution for this issue? If I leave this company, wherever I go, this issue will likely persist. I am searching for a permanent solution. If you have any suggestions, please let me know.
I have even consulted with a lawyer for a permanent solution. He mentioned that if necessary, we can provide an affidavit stating the truth of my claims. Another concern is if I attend any interviews after completing the HR round, should I disclose this issue? Is it acceptable or not? Or do I need to obtain documents that do not overlap (which my ex-employer has denied)?
Currently, I am awaiting confirmation from HR/Manager.
From India
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I have even consulted with a lawyer for a permanent solution. He mentioned that if necessary, we can provide an affidavit stating the truth of my claims. Another concern is if I attend any interviews after completing the HR round, should I disclose this issue? Is it acceptable or not? Or do I need to obtain documents that do not overlap (which my ex-employer has denied)?
Currently, I am awaiting confirmation from HR/Manager.
From India
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Your ex-employer can't give you a new relieving letter that won't show overlap. So, that is not an option.
You can always tell the truth at the time of an HR interview and can seek confirmation from HR before joining. I think you told the truth last time but didn't obtain any written confirmation from HR. Is that right?
I can't say whether an affidavit is a viable option. Is your lawyer suggesting that an affidavit will permanently solve the problem? Has he handled such a case before?
You can inquire with your current employer's HR about it.
From India, Pune
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You can always tell the truth at the time of an HR interview and can seek confirmation from HR before joining. I think you told the truth last time but didn't obtain any written confirmation from HR. Is that right?
I can't say whether an affidavit is a viable option. Is your lawyer suggesting that an affidavit will permanently solve the problem? Has he handled such a case before?
You can inquire with your current employer's HR about it.
From India, Pune
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Ya, you are right. I told HR before joining my current company, but I didn't take written confirmation. Regarding this affidavit, I asked one of the HR personnel who is not related to my project. She said that if you mention the affidavit, the issue might escalate, so it's better to discuss this issue with HR/Manager.
For every company I join, I need to be honest with HR, obtain confirmation, and then proceed with joining.
From India
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For every company I join, I need to be honest with HR, obtain confirmation, and then proceed with joining.
From India
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which industry are you working in ? I think generally HR will not create any issue if you convince them before joining.
From India, Pune
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From India, Pune
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Hi Nilanjanag, I got mail from my HR that issue was closed and i can continue my services.... Thank u for supporting upto now.... Thank u very much...
From India
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From India
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As is often the case, HR may not reply at all. If your bosses felt the urgency for your joining and have informed HR accordingly, it should suffice. In rare instances, there is a possibility of your first employer having a disagreement with the HR of your current company, but this may not affect your department. Most likely, your current company's HR is trying to ascertain whether there is a legitimate reason or potential fraud.
Focus on your work and try not to worry about things you have already clarified.
From India
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Focus on your work and try not to worry about things you have already clarified.
From India
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Thats a very good news. Congrats. So going forward, your approach will be to convince HR before joining..right ?
From India, Pune
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From India, Pune
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Hi Friends,
I am in a similar situation. Basically, the reason behind it was that the employer was not able to provide me with the work and designation for which was agreed upon during the appointment.
After a discussion with management/HR and myself, it was agreed that they would give me 3 months of paid leave, and after that, I would resign from my post. During the 3-month period, I was free to join any company or pursue my studies as per HR. All the benefits and salary remained the same during the period as a full-time employee. i.e. 03 March 2008 was my last day in the office, and I went on paid vacation. 20 June 2008 was the officially recorded date of my last day of employment with the company.
I joined my current company on 29 March 2008 as a full-time employee and have been working with them since then. No issues so far.
1. Now, I am joining a company in the next few days that would be conducting a scan of my previous employment later. I am not sure how this will be taken by the new HR.
2. Should I go back to my previous employer and update the record to reflect 03 March as the official last day of employment before the scanning starts?
3. Though I know that there was a clear understanding with my previous employer and I didn't physically work at two places since 04 March, I still do not want to let my new employer know about this issue yet as I am not sure how they would perceive it.
4. I have the official emails and company letters clearly stating my vacation dates and final settlement date. It's just that my dates of employment are overlapping for the period from 29 March 2008 to 20 June 2008.
All experts, please advise me on how I should proceed with this. Thanks in advance for your time on it.
From Singapore, Singapore
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I am in a similar situation. Basically, the reason behind it was that the employer was not able to provide me with the work and designation for which was agreed upon during the appointment.
After a discussion with management/HR and myself, it was agreed that they would give me 3 months of paid leave, and after that, I would resign from my post. During the 3-month period, I was free to join any company or pursue my studies as per HR. All the benefits and salary remained the same during the period as a full-time employee. i.e. 03 March 2008 was my last day in the office, and I went on paid vacation. 20 June 2008 was the officially recorded date of my last day of employment with the company.
I joined my current company on 29 March 2008 as a full-time employee and have been working with them since then. No issues so far.
1. Now, I am joining a company in the next few days that would be conducting a scan of my previous employment later. I am not sure how this will be taken by the new HR.
2. Should I go back to my previous employer and update the record to reflect 03 March as the official last day of employment before the scanning starts?
3. Though I know that there was a clear understanding with my previous employer and I didn't physically work at two places since 04 March, I still do not want to let my new employer know about this issue yet as I am not sure how they would perceive it.
4. I have the official emails and company letters clearly stating my vacation dates and final settlement date. It's just that my dates of employment are overlapping for the period from 29 March 2008 to 20 June 2008.
All experts, please advise me on how I should proceed with this. Thanks in advance for your time on it.
From Singapore, Singapore
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Hi Mukeshkum,
Answers to your points...
#1. Now, I am joining a company in the next few days, which would be doing the previous employment scanning later. I am not sure how this will be taken by the new HR.
After the Background Check, HR will raise this question...
#2. Should I go back to my previous employer and update the record to reflect 03 March as the official last day of employment before the scanning starts?
As PF and Form16 will reflect your salary, they won't update...
#3. Though I know that there was a clear understanding with my previous employer and I didn't physically work at two places since 04th March, I still do not want to let my new employer know about this mess yet as I am not sure how they would take it up.
This will help you out from this issue; ask your previous employer to provide any document/email stating that he didn't make any secret of the 3 months' notice period and as per an emergency requirement, we asked him to join immediately.
#4. I have the official emails and company letters clearly stating my dates of vacation and final settlement date.
The Relieving Date is different from the Resigning Date, right? If you have any mail/letter from HR stating that during the notice period, you can join any company, you are 100% safe.
But my better suggestion is, please speak openly to HR in the new company about the situation so that whatever documents they request, you can produce the same. Without getting a letter/mail confirmation from the new company HR, don't resign from the existing company because as per policies, this will be treated as a violation, and they won't allow you to work.
I hope this helps clarify the situation.
From India
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Answers to your points...
#1. Now, I am joining a company in the next few days, which would be doing the previous employment scanning later. I am not sure how this will be taken by the new HR.
After the Background Check, HR will raise this question...
#2. Should I go back to my previous employer and update the record to reflect 03 March as the official last day of employment before the scanning starts?
As PF and Form16 will reflect your salary, they won't update...
#3. Though I know that there was a clear understanding with my previous employer and I didn't physically work at two places since 04th March, I still do not want to let my new employer know about this mess yet as I am not sure how they would take it up.
This will help you out from this issue; ask your previous employer to provide any document/email stating that he didn't make any secret of the 3 months' notice period and as per an emergency requirement, we asked him to join immediately.
#4. I have the official emails and company letters clearly stating my dates of vacation and final settlement date.
The Relieving Date is different from the Resigning Date, right? If you have any mail/letter from HR stating that during the notice period, you can join any company, you are 100% safe.
But my better suggestion is, please speak openly to HR in the new company about the situation so that whatever documents they request, you can produce the same. Without getting a letter/mail confirmation from the new company HR, don't resign from the existing company because as per policies, this will be treated as a violation, and they won't allow you to work.
I hope this helps clarify the situation.
From India
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When there is no problem with the companies where your overlapping period was involved, there should not be any problem with a third company. Make sure to clearly mention in your resume that (a) the actual date of the last working day was 3rd Mar. 08 and (b) the official date of relieving was 20th Jun 08. For safety measures, if possible, obtain separate letters from each of the companies involved in the overlapping period, stating that the incident took place with the knowledge of the companies.
Regards,
From India, Hyderabad
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Regards,
From India, Hyderabad
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Hi Daitaravi and Parasurampur,
Many thanks for your reply.
In the current situation, as I have already resigned from my current company and will be joining the new company next week. As mentioned earlier, I do not have any intention to hide anything, and I am sure that the current situation didn't arise due to any of my wrongdoing. However, I do not want to unnecessarily highlight this to the new company as it will definitely create a sort of panic for them.
With your inputs and applying my thoughts, I am thinking to do the following:
#1. Let the new company complete the background check MEANWHILE... I will get in touch with my previous HR and convince them to prepare a letter stating that:
- I was not physically/mentally involved in any company-related work from March 3rd, and the official leaving date is June 20th, 2008. AND
- As per the earlier arrangement and discussion, the company does not have any concerns if I joined another company after March 3rd, 2008.
#2. I will keep the above thing ready, and once my new HR gets back to me with any questions, I will present this letter to them.
Please advise on how it sounds? Thank you for your suggestions in advance.
From Singapore, Singapore
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Many thanks for your reply.
In the current situation, as I have already resigned from my current company and will be joining the new company next week. As mentioned earlier, I do not have any intention to hide anything, and I am sure that the current situation didn't arise due to any of my wrongdoing. However, I do not want to unnecessarily highlight this to the new company as it will definitely create a sort of panic for them.
With your inputs and applying my thoughts, I am thinking to do the following:
#1. Let the new company complete the background check MEANWHILE... I will get in touch with my previous HR and convince them to prepare a letter stating that:
- I was not physically/mentally involved in any company-related work from March 3rd, and the official leaving date is June 20th, 2008. AND
- As per the earlier arrangement and discussion, the company does not have any concerns if I joined another company after March 3rd, 2008.
#2. I will keep the above thing ready, and once my new HR gets back to me with any questions, I will present this letter to them.
Please advise on how it sounds? Thank you for your suggestions in advance.
From Singapore, Singapore
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Hi,
My friend has the same problem. For him, the relieving date of X company is November 3rd, 2011, and the joining date of Y company is also November 3rd, 2011, i.e., the same day. He is still working at Y Company. If he goes to some Z Company, will that create a problem? I humbly request you to guide on this.
Best Regards,
Arun.
From India, Chennai
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My friend has the same problem. For him, the relieving date of X company is November 3rd, 2011, and the joining date of Y company is also November 3rd, 2011, i.e., the same day. He is still working at Y Company. If he goes to some Z Company, will that create a problem? I humbly request you to guide on this.
Best Regards,
Arun.
From India, Chennai
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Hi All,
I am facing the same kind of situation. My last employer (Co. A) was asking me to serve a 3-month notice, but I left the organization and joined the next company (Co. B) after sending an email to HR and seniors stating, "My manager is not relieving me without giving any reason, and my last working day will be 3rd April." Therefore, I left the company on 3rd April '14 after informing security, HR, and my manager, and joined the next company on 28th April '14. In other words, I left without the consent of my manager but after informing everyone.
I also informed Co. B about this situation before joining. However, Co. A is showing my last working day as 12th June '14 and has also paid me a salary for the period from April 12th to June 12th. Consequently, I have received salaries from both companies for the overlapping period of 28th April to 12th June.
My current employer has no issues with this, but I am concerned about my future job changes. Please advise if showing an overlap in the joining date of Co. B (28th April) and the last working day of Co. A (12th June) could create problems in the future. If yes, kindly suggest a way out.
From India, undefined
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I am facing the same kind of situation. My last employer (Co. A) was asking me to serve a 3-month notice, but I left the organization and joined the next company (Co. B) after sending an email to HR and seniors stating, "My manager is not relieving me without giving any reason, and my last working day will be 3rd April." Therefore, I left the company on 3rd April '14 after informing security, HR, and my manager, and joined the next company on 28th April '14. In other words, I left without the consent of my manager but after informing everyone.
I also informed Co. B about this situation before joining. However, Co. A is showing my last working day as 12th June '14 and has also paid me a salary for the period from April 12th to June 12th. Consequently, I have received salaries from both companies for the overlapping period of 28th April to 12th June.
My current employer has no issues with this, but I am concerned about my future job changes. Please advise if showing an overlap in the joining date of Co. B (28th April) and the last working day of Co. A (12th June) could create problems in the future. If yes, kindly suggest a way out.
From India, undefined
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Enforcement of negative covenants in employment terms.pdf