Hi,
I am facing problem to get my relieving letter from the previous employer. I have served that company over a very long period so i don't want to loose the experience i gained there.initially i resigned from the company and gave a clear notice period of two month . After serving the notice period for about 1-1/2 month, i withdrew my resignation based on the discussion with my employer. While withdrawing the resignation i made it conditional and collected a written document from the employer.
The document says i will be sent to onsite trip within 4 month after i withdrew my resignation. But it was over 4 month and nothing happened.
I got a new job in USA and had to leave immediately. I gave my company a week notice and reminded them that i already served the requisite notice period and left for USA. Now my previous employer saying i have to serve again two months notice. I have all the proofs that he promised me for something which was not fullfilled and my withdrawal of resignation was conditional ( all mails that was exchanged and the written document).Even i am ready to pay the notice period amount which was clearly written in my appointment letter.But they are fully reluctant.
Can i pursue this case legally and what are the chances i win this case and what kind of compensation i should ask if i a win it?
Regards
Anand
From India, Delhi
I am facing problem to get my relieving letter from the previous employer. I have served that company over a very long period so i don't want to loose the experience i gained there.initially i resigned from the company and gave a clear notice period of two month . After serving the notice period for about 1-1/2 month, i withdrew my resignation based on the discussion with my employer. While withdrawing the resignation i made it conditional and collected a written document from the employer.
The document says i will be sent to onsite trip within 4 month after i withdrew my resignation. But it was over 4 month and nothing happened.
I got a new job in USA and had to leave immediately. I gave my company a week notice and reminded them that i already served the requisite notice period and left for USA. Now my previous employer saying i have to serve again two months notice. I have all the proofs that he promised me for something which was not fullfilled and my withdrawal of resignation was conditional ( all mails that was exchanged and the written document).Even i am ready to pay the notice period amount which was clearly written in my appointment letter.But they are fully reluctant.
Can i pursue this case legally and what are the chances i win this case and what kind of compensation i should ask if i a win it?
Regards
Anand
From India, Delhi
Dear Anand,
I have gone through to your problem....... i don't think it's a big matter as u think....... As u have already fulfill all necessary procedure u should have right to leave the job without giving any further instructions to your employer....... and as far as the suit is concern which u want to file against your employer.... then i would like to inform you that u can do it and ask for a compensation too. but remember one thing it will surely take long time may be 5-6 years.......... 2nd thing to file a case u have to appoint a lawyer who will not charge less than 15,000/- .. moreover if u win the case your employer will surely go to the higher court...... then in higher court it will take another 3-4 years to get a judgment and it will continue till Supreme Court...... so u can calculate the time, money and most important your mind which will consume it the case.... And one more thing it may settle outside the court after investing such a huge amt... of your time, ability, money....etc... So i would like to suggest think twice before taking any legal actions..........
Thanx......
Viral Shah
From India, Mumbai
11I have gone through to your problem....... i don't think it's a big matter as u think....... As u have already fulfill all necessary procedure u should have right to leave the job without giving any further instructions to your employer....... and as far as the suit is concern which u want to file against your employer.... then i would like to inform you that u can do it and ask for a compensation too. but remember one thing it will surely take long time may be 5-6 years.......... 2nd thing to file a case u have to appoint a lawyer who will not charge less than 15,000/- .. moreover if u win the case your employer will surely go to the higher court...... then in higher court it will take another 3-4 years to get a judgment and it will continue till Supreme Court...... so u can calculate the time, money and most important your mind which will consume it the case.... And one more thing it may settle outside the court after investing such a huge amt... of your time, ability, money....etc... So i would like to suggest think twice before taking any legal actions..........
Thanx......
Viral Shah
From India, Mumbai
Hi Anand,
Legally, your employer is right as you had withdrawn the resignation letter and thereby came under `active' status of employment.
You need to give him the required notice period before moving out. Now, you can talk to your employer and find out if the notice period could be bought out. That way, you are moving out on better terms and with respect. Since, you have worked for a long time, its better not to burn bridges during separation.
Kindly note that today, most of the orgns are opting for background verification check and incase you happen to be on the wrong side.. your appointment itself is null and void. You cant even conceal this particular employment as you have served there for long.
Thanks and I think any conflict can be better resolved at the table rather than in courts.
Giridhar
From India, Bangalore
Legally, your employer is right as you had withdrawn the resignation letter and thereby came under `active' status of employment.
You need to give him the required notice period before moving out. Now, you can talk to your employer and find out if the notice period could be bought out. That way, you are moving out on better terms and with respect. Since, you have worked for a long time, its better not to burn bridges during separation.
Kindly note that today, most of the orgns are opting for background verification check and incase you happen to be on the wrong side.. your appointment itself is null and void. You cant even conceal this particular employment as you have served there for long.
Thanks and I think any conflict can be better resolved at the table rather than in courts.
Giridhar
From India, Bangalore
KINDLY ADVICE,I GOT A OFFER FROM A REPUTED ORG.AND I WANT TO LEAVE MY CURRENT ORGANISATION,BUT I M FACING A PROBLED THAT NEW ORGANISATION HR IS ASKING- Experience Certificates: Relieving Letter, Work Experience Certificate from all previous organizations BUT I DONT HAVE THESE DOCUMENTS AS I HAVE NOT TAKEN IT FROM MY PREVIOUS ORGANISATIONS.
WHAT SHOULD I DO.STILL I HAVE NOT RESIGNED FROM MY CURRENT ORANISATION
From India, New Delhi
WHAT SHOULD I DO.STILL I HAVE NOT RESIGNED FROM MY CURRENT ORANISATION
From India, New Delhi
It is allways better to keep better relation with employer while seperating form any orgn. Try to sit across the table and try to resolve your problem amicably rather than going in Court of Law.
In case you genuinely fill or fail to settled dispute across the table, then only think for going in court of law.However be ready to spend money & time since you are going to fight with big bull, "Employer."
From India, Pune
In case you genuinely fill or fail to settled dispute across the table, then only think for going in court of law.However be ready to spend money & time since you are going to fight with big bull, "Employer."
From India, Pune
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Resignation cum relieving letter.doc