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Hi All,
I have joined my new company on 29th dec, and I resigned from my prev job on 27th dec. Since the new company recruiter said me that the requirement is urgent, they said just resign from the current employer and join them in two days, I did joined them on the same date which was offered to me without getting my re leaving or resignation acceptance. During that month i was on medical leave, and I continued my job with my new employeer, 18th jan was my last working day with the old employeers. now the problem is they had gone for verification and they found that the date is overlapping. and they called for meeting and asked why there is dual employeement? Moreover my recruiter has left the job.. and HR manager says that they will have to involve the legal team. can anyone help me with this?
thanks in advance.

From India, Pune
you can tell that dual employment was only on paper, but as you were forced by recruiter ,, i dont understand why do recruiters force employees to join and HR force employees to serve notice period while resigning, obviously both HR and recruiter should understand that employee needs to resign and come but no one literally cares what I post in this forum. All HR here think they do excellent job. No one has ever able to explain me why recruiters force to join and then while relieving HR try to force employee to serve notice period, if someone is going to join obviously he is going to put up papers somewhere.
From India, Madras
But the scenario here is different altogether, they say that the recruiter itself has left the company so its really difficult to trust me. So I am now lil afraid to take any chance or to talk to someone reagarding this case. but I am curied to know, what action they might take against me now? since they are going to involve some legal team.. will this just lead to an termination or anything else..? Please let me know.. I am in big trouble...
From India, Pune
If possible contact the recruiter and ask him to verify that he infact did communicate to you that you should join early
Do you have proof that you submitted your resignation - i.e. e-mail/registered post or something. If yes, then you can backdate a declaration saying that you are no longer associated with the first company. This is an immoral step but it may work only if you can prove that you submitted your resignation.
This way you can say that you wanted to leave and they didnt relieve you and that is the reason for the overlap in dates on paper.

From India, Gurgaon
On top of everything, never do this again in future. Employers always show business urgency but that doesn't mean you stop following rules and regulations. You should agree that you have done a mistake. Its not only effecting your current employment but also will effect in your future employment. Every company has their own policies. You should respect your present companies policies and give preference to them first. Ethically and legally you chose wrong way to deal with your last company.

Anyways, to come out from this situation...first visit your previous employer and your last reporting manager. Request them and tell them you were wrong and you have learned from this mistake and this wont happen again in future and request them to accept your resignation dated 27th or 28th December. Also, ask your present employer to check recruiter's note (if they document HR and technical feedback) and speak to the recruiter in front of the HR Team and the BU head to clarify things. Hope this might help you to retain yourself in your company.

From India, Delhi
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