I worked in a small company as an IT developer where the notice period was 2 months. I received an offer from a better company that required me to join in one month. I sought assistance from my father, who is a legal consultant. He spoke with the Managing Director (MD) of the organization, and the MD agreed to release me in one month. The MD mentioned informing the CEO about this decision, but there was no email confirmation regarding the discussion.
Five days before the completion of the one-month notice period, I approached the CEO, who then claimed that the MD did not agree to the early release. The CEO stated that I would only be relieved just five days before the end of the notice period. Despite sending several follow-up emails which went unanswered, my new company agreed to onboard me without the relieving letter.
As advised by my father, I formally requested a relieving letter through an email. Additionally, the company assigned me night shifts and weekend work without any allowances, which I pointed out as mandatory. I requested compensation; otherwise, I indicated that I would seek legal action. Consequently, they issued the relieving letter without any negative or positive comments.
I am concerned about the possibility of them providing negative feedback despite having a clean employment record. I appreciate your guidance and assistance in this matter.
From India, Bengaluru
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Five days before the completion of the one-month notice period, I approached the CEO, who then claimed that the MD did not agree to the early release. The CEO stated that I would only be relieved just five days before the end of the notice period. Despite sending several follow-up emails which went unanswered, my new company agreed to onboard me without the relieving letter.
As advised by my father, I formally requested a relieving letter through an email. Additionally, the company assigned me night shifts and weekend work without any allowances, which I pointed out as mandatory. I requested compensation; otherwise, I indicated that I would seek legal action. Consequently, they issued the relieving letter without any negative or positive comments.
I am concerned about the possibility of them providing negative feedback despite having a clean employment record. I appreciate your guidance and assistance in this matter.
From India, Bengaluru
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Well, gentlemen, you are sufficiently grown adults and supposed to be capable of handling professional matters. However, taking advice from father at home is different, and calling him to the office to solve workplace issues is different. Why did you allow your father to get involved in your professional matters? From the father's side, he should not have intervened in his son's career issues. His job is to analyze the situation and allow his son to make his own decisions.
While running a company, the owner has to ensure the job gets done by various people. To achieve this, it is important to establish certain rules and regulations. These rules and regulations help the company plan its activities. One of the rules regarding exiting employees is their notice period. However, instead of following the notice period rule, you allowed your father to exert influence on your behalf.
Your main concern is whether your past employer will provide negative feedback during the background verification. The feedback they provide is entirely up to them, and there is no legal remedy to challenge it. They could even give a factual feedback like "the father of the employee, who is a legal consultant, comes to the office and represents his son's case," but there is no legal recourse for providing factual feedback.
By the way, gentlemen, the decorum of the forum requires posts to be free from grammatical mistakes and spelling errors. This is a formal forum, and there was no need to assume that seniors would accept informal language. You are seeking professional advice, and professionalism must be maintained in seeking such advice. Professionalism forms the foundation of one's character, and legal issues come after.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227While running a company, the owner has to ensure the job gets done by various people. To achieve this, it is important to establish certain rules and regulations. These rules and regulations help the company plan its activities. One of the rules regarding exiting employees is their notice period. However, instead of following the notice period rule, you allowed your father to exert influence on your behalf.
Your main concern is whether your past employer will provide negative feedback during the background verification. The feedback they provide is entirely up to them, and there is no legal remedy to challenge it. They could even give a factual feedback like "the father of the employee, who is a legal consultant, comes to the office and represents his son's case," but there is no legal recourse for providing factual feedback.
By the way, gentlemen, the decorum of the forum requires posts to be free from grammatical mistakes and spelling errors. This is a formal forum, and there was no need to assume that seniors would accept informal language. You are seeking professional advice, and professionalism must be maintained in seeking such advice. Professionalism forms the foundation of one's character, and legal issues come after.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dinesh,
Thanks for giving your valuable advice. Could you please clarify my concern below?
In a situation where the employer doesn't consider the employee's repeated request for early relieving by paying the amount for the remaining notice period that they have to serve, and neither accepts the withdrawal of the resignation letter, whom should they meet and whose help should they seek? Shouldn't they seek legal help for the resolution of the issue, or should they be victimized by the unilateral decision of the employer?
From India, Bengaluru
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Thanks for giving your valuable advice. Could you please clarify my concern below?
In a situation where the employer doesn't consider the employee's repeated request for early relieving by paying the amount for the remaining notice period that they have to serve, and neither accepts the withdrawal of the resignation letter, whom should they meet and whose help should they seek? Shouldn't they seek legal help for the resolution of the issue, or should they be victimized by the unilateral decision of the employer?
From India, Bengaluru
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The notice period was well accepted by you when you joined the organization, so the decision is not unilateral, nor are you victimized.
Now, coming to the notice period, it is the organization's choice to allow a payment in lieu of the notice period or ask the person to serve the entire notice period. This decision depends on the work that the individual is handling. The higher the level in the organization, the longer the handover period.
Regarding negative feedback, they can state that the person is incapable of making professional decisions and may need to be addressed through legal consultants. If this results in negative feedback, the company should not be blamed.
Regards,
From India, Mumbai
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Now, coming to the notice period, it is the organization's choice to allow a payment in lieu of the notice period or ask the person to serve the entire notice period. This decision depends on the work that the individual is handling. The higher the level in the organization, the longer the handover period.
Regarding negative feedback, they can state that the person is incapable of making professional decisions and may need to be addressed through legal consultants. If this results in negative feedback, the company should not be blamed.
Regards,
From India, Mumbai
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