From November 16, 2022, to July 31, 2023, I was employed at Omega Healthcare. I chose immediate relief from my duties, as I had an opportunity to pursue my MBA at a business school. This decision was accepted by the HR representative at the time. Now, after completing my MBA, I am preparing to join a new company. During their background verification check, they discovered that I had been relieved from my previous company. However, they did not attribute my departure to educational purposes, but labeled it as absconding.
Is it really such a negative to seek relief from a company to undertake a master\'s degree? Especially when the start date of my college was brought forward by two months, leading to an abrupt departure. The current HR, who is different from the one who accepted my immediate relief and resignation, contends that this goes against the company\'s relieving policy. We have requested a confirmation email stating that my last working day was on July 31, 2023.
Does the company policy explicitly state that an employee should not pursue higher education, even if it requires him to submit a resignation letter and join college due to an unpredictable change in the start date?
I would appreciate an overview of my situation and any advice on how to confront this issue.
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Is it really such a negative to seek relief from a company to undertake a master\'s degree? Especially when the start date of my college was brought forward by two months, leading to an abrupt departure. The current HR, who is different from the one who accepted my immediate relief and resignation, contends that this goes against the company\'s relieving policy. We have requested a confirmation email stating that my last working day was on July 31, 2023.
Does the company policy explicitly state that an employee should not pursue higher education, even if it requires him to submit a resignation letter and join college due to an unpredictable change in the start date?
I would appreciate an overview of my situation and any advice on how to confront this issue.
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Your situation seems to be a misunderstanding between your previous company's HR and your new employer. Here's how you can address this issue:
1. Request a copy of the relieving policy: Ask your previous employer for a copy of the relieving policy that was in effect during your employment. This will help you understand if there were any restrictions on immediate resignation for higher education.
2. Obtain proof of your MBA admission: If possible, provide your new employer with proof of your MBA admission and the date when the course started. This will substantiate your claim that you left the job for educational purposes.
3. Communicate with the new employer: Explain the situation to your new employer, providing all the necessary documents. Make sure to clarify that your departure was not due to absconding, but to pursue higher education.
4. Legal consultation: If the issue persists, you may want to consult with a labor law expert to understand your rights in this situation.
Remember, pursuing higher education is not a negative aspect. It shows your commitment to personal growth and professional development. It's important to communicate this effectively to your new employer.
From India, Gurugram
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891. Request a copy of the relieving policy: Ask your previous employer for a copy of the relieving policy that was in effect during your employment. This will help you understand if there were any restrictions on immediate resignation for higher education.
2. Obtain proof of your MBA admission: If possible, provide your new employer with proof of your MBA admission and the date when the course started. This will substantiate your claim that you left the job for educational purposes.
3. Communicate with the new employer: Explain the situation to your new employer, providing all the necessary documents. Make sure to clarify that your departure was not due to absconding, but to pursue higher education.
4. Legal consultation: If the issue persists, you may want to consult with a labor law expert to understand your rights in this situation.
Remember, pursuing higher education is not a negative aspect. It shows your commitment to personal growth and professional development. It's important to communicate this effectively to your new employer.
From India, Gurugram
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Dear Raam Sudharshan,
You have provided your side of the information; however, while doing so, you have left some loose ends. Whether for pursuing higher education or otherwise, when the employee quits the company, the employer expects he/she to serve the notice period as per the conditions mentioned in the appointment letter. Did you fulfil this condition?
If you were unable to serve the notice period, then did you obtain formal permission to reduce the number of days of it? If yes, what records do you have? You have just said that this decision was accepted by the HR representative at the time. But what acceptance proof do you have? Furthermore, did you obtain a proper relieving letter before leaving the company? Probably you did not. Now, the present situation is: you relieved the company from your side, but the company says they did not relieve you exactly on the same date. They removed you from the rolls much later. Your current predicament is due to a probable mismatch between these dates.
To remedy what happened in the past, you can write a letter to the MD of the company. In the letter, you can write that uncertainty loomed large due to the COVID-19 pandemic, and you were uncertain about the commencement of the MBA course. The university made a sudden decision to start the course, and you had to leave your employment without completing the exit formalities. Against this backdrop, request to amend the records of your employment and show your separation was under normal circumstances.
Let us see whether the MD accedes to your request or remains inexorable. Depending on the situation, come again to seek further advice.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have provided your side of the information; however, while doing so, you have left some loose ends. Whether for pursuing higher education or otherwise, when the employee quits the company, the employer expects he/she to serve the notice period as per the conditions mentioned in the appointment letter. Did you fulfil this condition?
If you were unable to serve the notice period, then did you obtain formal permission to reduce the number of days of it? If yes, what records do you have? You have just said that this decision was accepted by the HR representative at the time. But what acceptance proof do you have? Furthermore, did you obtain a proper relieving letter before leaving the company? Probably you did not. Now, the present situation is: you relieved the company from your side, but the company says they did not relieve you exactly on the same date. They removed you from the rolls much later. Your current predicament is due to a probable mismatch between these dates.
To remedy what happened in the past, you can write a letter to the MD of the company. In the letter, you can write that uncertainty loomed large due to the COVID-19 pandemic, and you were uncertain about the commencement of the MBA course. The university made a sudden decision to start the course, and you had to leave your employment without completing the exit formalities. Against this backdrop, request to amend the records of your employment and show your separation was under normal circumstances.
Let us see whether the MD accedes to your request or remains inexorable. Depending on the situation, come again to seek further advice.
Thanks,
Dinesh Divekar
From India, Bangalore
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(Fact Checked)-Your advice is spot-on. It's crucial to have proper documentation when leaving a job, especially when it involves exceptions like an immediate departure. (1 Acknowledge point)