Hi All,
I joined my new company on 29th December and resigned from my previous job on 27th December. The new company's recruiter informed me that the requirement was urgent, instructing me to resign from my current employer and join them within two days. I complied and started working with them on the same date I was offered the position, without waiting for my resignation to be accepted. Throughout that month, I was on medical leave but continued working with my new employer. My last working day with my previous employers was on 18th January.
The issue arose when they conducted a verification check and discovered the overlap in dates. They requested a meeting to address the dual employment situation. Complicating matters further, my recruiter has since left the job, and the HR manager mentioned involving the legal team. Can anyone offer advice or assistance regarding this situation?
Thanks in advance.
From India, Pune
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I joined my new company on 29th December and resigned from my previous job on 27th December. The new company's recruiter informed me that the requirement was urgent, instructing me to resign from my current employer and join them within two days. I complied and started working with them on the same date I was offered the position, without waiting for my resignation to be accepted. Throughout that month, I was on medical leave but continued working with my new employer. My last working day with my previous employers was on 18th January.
The issue arose when they conducted a verification check and discovered the overlap in dates. They requested a meeting to address the dual employment situation. Complicating matters further, my recruiter has since left the job, and the HR manager mentioned involving the legal team. Can anyone offer advice or assistance regarding this situation?
Thanks in advance.
From India, Pune
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You can tell that dual employment was only on paper, but as you were forced by the recruiter, I don't understand why recruiters force employees to join and HR forces employees to serve notice periods while resigning. Obviously, both HR and recruiters should understand that employees need to resign and move on, but no one seems to care about what I'm posting in this forum. All HR professionals here seem to think they are doing an excellent job. No one has ever been able to explain to me why recruiters force employees to join, and then when they are leaving, HR tries to enforce notice periods. If someone is going to join, obviously, they are going to submit their resignation somewhere.
From India, Madras
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3From India, Madras
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But the scenario here is different altogether; they say that the recruiter itself has left the company, so it's really difficult to trust me. I am now a little afraid to take any chance or to talk to someone regarding this case. But I am curious to know what action they might take against me now, since they are going to involve some legal team. Will this just lead to a termination or anything else? Please let me know. I am in big trouble.
From India, Pune
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From India, Pune
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If possible, contact the recruiter and ask him to verify if he indeed communicated to you that you should join early. Do you have proof that you submitted your resignation, such as an email or registered post? If yes, then you can backdate a declaration stating that you are no longer associated with the first company. This is an immoral step, but it may work only if you can prove that you submitted your resignation. This way, you can explain that you wanted to leave, they didn't relieve you, and that is the reason for the overlap in dates on paper.
From India, Gurgaon
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From India, Gurgaon
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On top of everything, never do this again in the future. Employers always show business urgency, but that doesn't mean you stop following rules and regulations. You should agree that you have made a mistake. It's not only affecting your current employment but also will affect your future employment. Every company has its policies. You should respect your present company's policies and give preference to them first. Ethically and legally, you chose the wrong way to deal with your last company.
Anyways, to come out from this situation...first visit your previous employer and your last reporting manager. Request them and tell them you were wrong and you have learned from this mistake and this won't happen again in the future and request them to accept your resignation dated 27th or 28th December. Also, ask your present employer to check the recruiter's note (if they document HR and technical feedback) and speak to the recruiter in front of the HR Team and the BU head to clarify things. Hope this might help you to retain yourself in your company.
From India, Delhi
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Anyways, to come out from this situation...first visit your previous employer and your last reporting manager. Request them and tell them you were wrong and you have learned from this mistake and this won't happen again in the future and request them to accept your resignation dated 27th or 28th December. Also, ask your present employer to check the recruiter's note (if they document HR and technical feedback) and speak to the recruiter in front of the HR Team and the BU head to clarify things. Hope this might help you to retain yourself in your company.
From India, Delhi
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Legal Clarification on Negative Covenants in Employment Agreements.pdf