Saswatabanerjee
Partner - Risk Management
Employment Lawyer
Lawyer & Consultant
Deepak_medekar@yahoo.co.in
H.r Manager At Vasai.
+1 Other

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Hello,
One of my friends had submitted resignation by email and was in notice period of 3 months. At the time of resignation, he had requested for relieving after 1.5 months and was ready to pay in lieu of notice. He was not given any final date and was promised verbally some dates. These kept on changing and finally he escalated via email to higher ups,asking for final relieving by a date next week, and he explained his situation. This date was already after serving more than 2 months of notice.
His boss did not like the escalation, made up a story that he abused him and they issued him a termination letter on the same date, accusing of gross misconduct and verbally abusing him etc. They had not given any warning by email or writing to him about the misconduct earlier. He did not accept the letter and came out of the organization not knowing what to do.
Could any one suggest the right procedure to handle such a situation?
Looking forward to your replies
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Please let the forum know whether the resignation was accepted or not, termination after resignation acceptance does not carry any value, but that does not mean that the employee has full right for any misconduct. The misconduct during the notice period can be warned through an advisory note/warning letter but not to the extent of termination without proper enquiry.
It is advisable to meet the HR Head or the top management and sort the matter out amicably and exit in a happy note with proper handovers and proper relieving.
Also, the manager and local HR had raised this allegation in response to his escalation email requesting them for a final date confirmation sent to both of them and hr director. And after a few hours , he is confronted with a termination notice and asked to leave office
Since your friend has a copy of the resignation acceptance, so the termination letter does not carry any value, ask your friend to join the new company without any fear. The previous company cannot do any harm to your friend.
I would disagree
It is important to have a clean exit.
The next emoloyer will ask for it
Simple acceptance of resignation is not enough.
If there is a grivience committee, take up the matter with them
If there is no grivience committee, get in touch with the senior you escalated the matter to and inform him of the matter. In most companies you will get a fair hearing from them
If it does not work, and if you have the time and energy, you can take the help of labour officer to get a clean relieving letter as it is evident that proper enquiry was not conducted and principle of natural justice not fulfilled.
But this needs time. Ensure your new job does not suffer for it

Dear.
Only acceptance of resignation does not sort out the purpose . You have to have relieving letter . Without relieving letter and proper experience certificate even your new employer will not allow you to join .
Best way to speak to seniors , with whom you have discussed on mail . tell him the fact. I am sure you will get reveling letter & experience certificate .
If your boss is putting allegation that you have abuse him , ask him whether he has any witness to prove it ?
Labour court is very lengthy procedure . In this scenario it is not advisable.
Thanks and all the best.
Deepak M.
As per the query there was no grievance committee, no enquiry conducted, no advisory memo given, no warning letter issued, straight away terminated with clause of misconduct. And as per my best knowledge termination letter itself is relieving from the job.
Now in this circumstances do we still wait to approach anyone for justice, and even if we go legal does the new employer co operate ???
That is the reason it was advised to approach the new employer with the resignation acceptance as the termination after accepting the resignation does not carry any value.
The problem is that most employers and HR departments will take a negative view of a termination letter, irrespective of whether you have resigned before. Yes, you can explain. But in many cases, you do not get a chance to explain.
So if there is any way to get a clean relieving letter, it would be worth exploring
(without affecting current work)

I would suggest your friend should at least try to make his stand and clear the taint on him. Ideally he should make a formal complaint addressing directly to the Labour Commissioner at Karmikra Bhawan, Bangalore and show the department that this company is so deep into unfair employment practices and that it is most necessary that action be taken against the management of the company after an investigation by the department. Do remember if your new company conducts verification, I am sure this company is not going to give a good report about you and this issue may damage your future more than what you see it now. Do contact me in case you need further professional assistance in interacting with the Labour Department.
Regards,
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