Hi,
Need advice from seniors on my friend's case.
My friend joined a software company 3 months back but due to some reasons his reference check from previous company came negative. His present company said that they will close his case in 7 days. But he resigned before that and his company accepted his resignation but now Company is saying tht they wont give him releaving letter and will issue him termination letter.
Is it possible for company to issue termination letter now when once they have accepted resignation? Please advice.
Regards,
Gunjan
From India, New Delhi
1Need advice from seniors on my friend's case.
My friend joined a software company 3 months back but due to some reasons his reference check from previous company came negative. His present company said that they will close his case in 7 days. But he resigned before that and his company accepted his resignation but now Company is saying tht they wont give him releaving letter and will issue him termination letter.
Is it possible for company to issue termination letter now when once they have accepted resignation? Please advice.
Regards,
Gunjan
From India, New Delhi
Dear Friend,
If your friend have a copy of accepted resignation letter, means the proof of resignation, then in my openion the company has no right to terminate the services. the company has to provide the NOC to the concerned employee.
Regards
Abhishek
From India, Delhi
If your friend have a copy of accepted resignation letter, means the proof of resignation, then in my openion the company has no right to terminate the services. the company has to provide the NOC to the concerned employee.
Regards
Abhishek
From India, Delhi
Dear Gunjan,
I would like to tell everyone that to people should be very careful while accepting the offer letter. Please donot get carried away. It is absolutely unethical and unprofessional to issue offer letter without verifying properly with the past employers and we as HR should not carry on such practices of issuing offer letter before verifying with the previous employer if that is mandatory. In many cases the employers give negative replies. Yes, you can always verify with reference other than the last employer after issuing offer letter but in case you want to get a feedback from the last employer it must be done before you make the offer.
As for termination case, if your resignation has been received by the appropriate authority, then you cannot be terminated. For termination the employer must go through proper disciplinary proceedings giving you the opportunity to prove your case.
Form your post it seems like your friend had received the appointment letter. I think once appointment letter had been issued unless there is a misrepresentation of fact/ false or incorrect information in the documents that has been submitted, the opinion or rating of the previous employer cannot be a ground for terminating an employee.
Regards,
SC
From India, Thane
I would like to tell everyone that to people should be very careful while accepting the offer letter. Please donot get carried away. It is absolutely unethical and unprofessional to issue offer letter without verifying properly with the past employers and we as HR should not carry on such practices of issuing offer letter before verifying with the previous employer if that is mandatory. In many cases the employers give negative replies. Yes, you can always verify with reference other than the last employer after issuing offer letter but in case you want to get a feedback from the last employer it must be done before you make the offer.
As for termination case, if your resignation has been received by the appropriate authority, then you cannot be terminated. For termination the employer must go through proper disciplinary proceedings giving you the opportunity to prove your case.
Form your post it seems like your friend had received the appointment letter. I think once appointment letter had been issued unless there is a misrepresentation of fact/ false or incorrect information in the documents that has been submitted, the opinion or rating of the previous employer cannot be a ground for terminating an employee.
Regards,
SC
From India, Thane
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