I began working with my previous company on September 18, 2023, but I was terminated for gross misconduct without any notice pay, in line with the terms of my employment contract. I received my "Notice of Dismissal" on March 10, 2025, which was also my last working day.
The domain of my previous company is completely different from my new company. Despite having 18 months of experience with my previous employer, I was hired as a fresher at my new company. I joined the new company on March 24, 2025, and I did not mention my termination to them.
Now, my BVC and Onboarding Manager at my new company are requesting a signed relieving letter from my previous employer. I reached out to HR at my previous company, and they replied saying, "The organization only issues relieving or experience letters to employees with a clean performance record. Since I was dismissed, no experience letter will be provided. The Notice of Dismissal will serve as the relieving letter."
Given this, should I share my Notice of Dismissal with my new company? Can I still request a service letter from my previous employer? Also, will my offer with the new company be canceled if they find out about my termination?
I would appreciate any advice on how to proceed in this situation.
From India, Pune
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The domain of my previous company is completely different from my new company. Despite having 18 months of experience with my previous employer, I was hired as a fresher at my new company. I joined the new company on March 24, 2025, and I did not mention my termination to them.
Now, my BVC and Onboarding Manager at my new company are requesting a signed relieving letter from my previous employer. I reached out to HR at my previous company, and they replied saying, "The organization only issues relieving or experience letters to employees with a clean performance record. Since I was dismissed, no experience letter will be provided. The Notice of Dismissal will serve as the relieving letter."
Given this, should I share my Notice of Dismissal with my new company? Can I still request a service letter from my previous employer? Also, will my offer with the new company be canceled if they find out about my termination?
I would appreciate any advice on how to proceed in this situation.
From India, Pune
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Your situation is indeed complicated, but not impossible to navigate. Here's a step-by-step process on how you may proceed:
1. 📃 Share the Notice of Dismissal: In the interests of transparency, it would be advisable to share your "Notice of Dismissal" with your new employer. This is because withholding such information could lead to trust issues, which may impact your employment adversely if discovered later.
2. 📝 Request a Service Letter: You can attempt to request a service letter from your previous employer, outlining your roles and responsibilities during your tenure. They may not agree to provide it, but it is worth a try.
3. 🗣 Communicate with your New Employer: Have a candid conversation with your new employer about your situation. Explain the circumstances of your termination and clarify that you were hired as a fresher, not requiring experience from the previous company.
4. 🏢 Understand Company Policies: Each company has its own policies regarding hiring employees who have been terminated. Some companies may not consider termination as a reason for rescinding a job offer, especially if the termination was not related to fraud or unethical behavior.
5. 🛡 Legal Advice: If your new employer decides to rescind the offer based on this information, you may want to consult with a labor attorney to understand your rights. In India, the Industrial Disputes Act, 1947, offers some protection to employees, but its applicability depends on the size and type of the company and the nature of the termination.
Remember, honesty is the best policy in such situations, and being upfront can save you from potential complications in the future.
From India, Gurugram
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261. 📃 Share the Notice of Dismissal: In the interests of transparency, it would be advisable to share your "Notice of Dismissal" with your new employer. This is because withholding such information could lead to trust issues, which may impact your employment adversely if discovered later.
2. 📝 Request a Service Letter: You can attempt to request a service letter from your previous employer, outlining your roles and responsibilities during your tenure. They may not agree to provide it, but it is worth a try.
3. 🗣 Communicate with your New Employer: Have a candid conversation with your new employer about your situation. Explain the circumstances of your termination and clarify that you were hired as a fresher, not requiring experience from the previous company.
4. 🏢 Understand Company Policies: Each company has its own policies regarding hiring employees who have been terminated. Some companies may not consider termination as a reason for rescinding a job offer, especially if the termination was not related to fraud or unethical behavior.
5. 🛡 Legal Advice: If your new employer decides to rescind the offer based on this information, you may want to consult with a labor attorney to understand your rights. In India, the Industrial Disputes Act, 1947, offers some protection to employees, but its applicability depends on the size and type of the company and the nature of the termination.
Remember, honesty is the best policy in such situations, and being upfront can save you from potential complications in the future.
From India, Gurugram
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As per law, you have the right to obtain a Service Certificate. If your previous employer resists, remember that many current CEOs were once terminated Executives. This is a testament to the resilience of individuals in the face of employment challenges. Your career does not end with one employment, and you have the power to navigate transitions with confidence.
V.Sounder Rajan
Employment Law Consultant
From India, Chennai
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V.Sounder Rajan
Employment Law Consultant
From India, Chennai
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Dear member,
Please confirm whether the company conducted a domestic enquiry before your termination. If not, then your termination is illegal.
Anyway, the issue at hand is not to contest the legality of your termination but to get the relieving letter. Your HR Manager cannot deny the relieving letter because of the termination on account of poor performance. I wish you had asked under the provision of which labour law he could deny the relieving letter.
Anyway, I recommend you file the complaint with the labour officer under whose jurisdiction your company falls. However, to know whether you are eligible to do so or not, the procedure of filing the complaint, etc., please call me. We will discuss this on telephone.
Thanks,
Dinesh Divekar
From India, Bangalore
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Please confirm whether the company conducted a domestic enquiry before your termination. If not, then your termination is illegal.
Anyway, the issue at hand is not to contest the legality of your termination but to get the relieving letter. Your HR Manager cannot deny the relieving letter because of the termination on account of poor performance. I wish you had asked under the provision of which labour law he could deny the relieving letter.
Anyway, I recommend you file the complaint with the labour officer under whose jurisdiction your company falls. However, to know whether you are eligible to do so or not, the procedure of filing the complaint, etc., please call me. We will discuss this on telephone.
Thanks,
Dinesh Divekar
From India, Bangalore
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(Fact Checked)-Your advice is generally correct, though the OP could also directly approach a labor court to settle such disputes. Keep up the good work! (1 Acknowledge point)
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You have a right to get your experience letter from your previous employer.
My advice is to get in touch with your previous employer and if possible, request them to allow you to submit your resignation so that you can get a clean experience letter. Many employers do that. In case employer is not willing to do that, then get in touch with your new employer and explain the situation.
From India, Delhi
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My advice is to get in touch with your previous employer and if possible, request them to allow you to submit your resignation so that you can get a clean experience letter. Many employers do that. In case employer is not willing to do that, then get in touch with your new employer and explain the situation.
From India, Delhi
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(Amendment impartial review)-Your advice is partially correct. However, after termination for gross misconduct, it's not common for employers to allow submission of resignation. Transparency with the new employer is key.(Reality may align with HUMAN perspective. more research needed.)
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Relieving Clearance form.doc
Inner Guidance Book.zip
CiteHR.AI
(Fact Checked)-Your response is generally correct. As per the Industrial Employment (Standing Orders) Act, 1946, an employee is entitled to a service certificate. Resilience is key in career transitions. (1 Acknowledge point)