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
Sorry to say this is the case of fraud and misrepresentation and my personal request don't go again in same company about relieving certificate because they will not issue any certificate if they will then it means that you friend had not done any wrong thing and no issue.
Try for another job but through fair way.
Shalabh
Sorry to say this is the case of fraud and misrepresentation and my personal request don't go again in same company about relieving certificate because they will not issue any certificate if they will then it means that you friend had not done any wrong thing and no issue.
Try for another job but through fair way.
Shalabh
Hi Gunjan,
It sounds contradictory to me. How can they issue termination letter after accepting resignation???
Termination letter can be given in case of involuntary or forceful exit of an employee; if they have accepted the resignation then this is case of voluntary exit and employee deserves relieving letter.
However there's no doubt that this is case of fraud and misrepresentation of facts and the current organization has right to terminate the services. The current organization is shying away from giving relieving letter so that there's no formal proof of association between the organization and this person.
Ask your friend to leave the organization with resignation acceptance only as there's no point following up for relieving letter, particulalry when there's case of fraud and work exp is only of 3 months.
Amit
From India, Delhi
It sounds contradictory to me. How can they issue termination letter after accepting resignation???
Termination letter can be given in case of involuntary or forceful exit of an employee; if they have accepted the resignation then this is case of voluntary exit and employee deserves relieving letter.
However there's no doubt that this is case of fraud and misrepresentation of facts and the current organization has right to terminate the services. The current organization is shying away from giving relieving letter so that there's no formal proof of association between the organization and this person.
Ask your friend to leave the organization with resignation acceptance only as there's no point following up for relieving letter, particulalry when there's case of fraud and work exp is only of 3 months.
Amit
From India, Delhi
Hi,
One of my friend was with a services company for over 5 years. While joining he claimed 1 year experience by giving fake letters. He worked hard and gained many felicitations. Few months ago, when one of his team member got terminated for similar offence, he became very conscious of his mistake and he himself went and informed his supervisor of his mistake 5 years ago. Since my friend is one of THE BEST in the team, his supervisor assured nothing will happen and his will be pardoned. His supervisor didnt do anything and after some time, the company did background check and questioned my friend. This guy immediately resigned and did a marvelous job even during this time and left the company. The company realizing his sincerity and contribution released him honorably by stating his conduct as "Good". He had some 10 awards during his tenure in the company like best performer etc etc and in some they even mentioned his impeccable conduct and integrity.
Now, he took this seriously and dint join any where. He says he is labeled as a fraudster for the mistake once when he was 22 .
His data would have been there in Background Check Vendors and they would be sharing his data freely around the world. Actually he didnt authorize his background check. How can he prove his is good ? How can he prove atleast he tried to correct his mistake and he is honest ?
Ram
From India, Bangalore
One of my friend was with a services company for over 5 years. While joining he claimed 1 year experience by giving fake letters. He worked hard and gained many felicitations. Few months ago, when one of his team member got terminated for similar offence, he became very conscious of his mistake and he himself went and informed his supervisor of his mistake 5 years ago. Since my friend is one of THE BEST in the team, his supervisor assured nothing will happen and his will be pardoned. His supervisor didnt do anything and after some time, the company did background check and questioned my friend. This guy immediately resigned and did a marvelous job even during this time and left the company. The company realizing his sincerity and contribution released him honorably by stating his conduct as "Good". He had some 10 awards during his tenure in the company like best performer etc etc and in some they even mentioned his impeccable conduct and integrity.
Now, he took this seriously and dint join any where. He says he is labeled as a fraudster for the mistake once when he was 22 .
His data would have been there in Background Check Vendors and they would be sharing his data freely around the world. Actually he didnt authorize his background check. How can he prove his is good ? How can he prove atleast he tried to correct his mistake and he is honest ?
Ram
From India, Bangalore
As you are located in a different country (Im in Australia) do you have in place within the employment contract the clause stating
"If an employees reference is not deemed acceptable by the company, or if the Criminal, Medical or Children Checks are not cleared, the employer has the right to terminate the employment contract immediately within the first three months of employment.
Basically reference checks in AUS are done before the person is appointed and the relevant checks by the government departments can sometimes take some time so there is always a clause relating to that.
Hope this helps
In answer to your friends case, in Aus we are still required to issue a statement of employment, or employment seperation certificate regardless of the terms the employee left on.
All the best to your friend :)
Erica
From Australia, Sydney
"If an employees reference is not deemed acceptable by the company, or if the Criminal, Medical or Children Checks are not cleared, the employer has the right to terminate the employment contract immediately within the first three months of employment.
Basically reference checks in AUS are done before the person is appointed and the relevant checks by the government departments can sometimes take some time so there is always a clause relating to that.
Hope this helps
In answer to your friends case, in Aus we are still required to issue a statement of employment, or employment seperation certificate regardless of the terms the employee left on.
All the best to your friend :)
Erica
From Australia, Sydney
Hi Amit,
One of my friend is working in one company since 3 years and he got a better job and resigned. Now his resignation is not being accepted and is being questioned about his past experiences and is being threatened of termination. Is this justified?
From India, Bangalore
One of my friend is working in one company since 3 years and he got a better job and resigned. Now his resignation is not being accepted and is being questioned about his past experiences and is being threatened of termination. Is this justified?
From India, Bangalore
Hello,
Even in Hong Kong we are to provide separation letter regardless whether the employee is fired or has resigned. However, the language of the letter is different in two cases. Incase the employee is terminated then we mention only the duration of employment and last drawn salary. Thats it.
Incase the employee resigns then we write, duration, last drawn salary, personal performance review and a line that states that the employee left on his own accord.
But since this is a fraud case, so the company is shying from giving reference letter. However, they should give a letter stating atleast the job period in that company. There should be no stopping from that.
Cheers
Ruchi
From Hong Kong, Central District
Even in Hong Kong we are to provide separation letter regardless whether the employee is fired or has resigned. However, the language of the letter is different in two cases. Incase the employee is terminated then we mention only the duration of employment and last drawn salary. Thats it.
Incase the employee resigns then we write, duration, last drawn salary, personal performance review and a line that states that the employee left on his own accord.
But since this is a fraud case, so the company is shying from giving reference letter. However, they should give a letter stating atleast the job period in that company. There should be no stopping from that.
Cheers
Ruchi
From Hong Kong, Central District
hi
one of my friends produced expense claim with his company. Company objected some taxi bills and started questioning.In the mean time my friend resigned with stating that two month notice peiod starts immediately without giving any last date. but his resignation not accepted . he was disengaged from services till investigation completed by compliance. now he is worried what will happend if company decided to terminate. should he send another email over previous resignation email with some recent last day of working as he is ready to pay notice period.
he is thinking his career will be affected if terminationed . what should he do. please reply urgently..
From India, Delhi
one of my friends produced expense claim with his company. Company objected some taxi bills and started questioning.In the mean time my friend resigned with stating that two month notice peiod starts immediately without giving any last date. but his resignation not accepted . he was disengaged from services till investigation completed by compliance. now he is worried what will happend if company decided to terminate. should he send another email over previous resignation email with some recent last day of working as he is ready to pay notice period.
he is thinking his career will be affected if terminationed . what should he do. please reply urgently..
From India, Delhi
All my senior collegues have rightly given advices. This is not only the case, it happend with lot of IT Specialists. I would recommend that all IT specialists before taking up employment with IT Firms should read the book titled "Alice in Wonderland" written by Shri Sharu Ranganekar. The author has THROWN LIGHT all such things and has also suggested guidelines for benefit of all.
From India, Nagpur
From India, Nagpur
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Termination-emp loyment_563.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc