Sushilkluthra@gmail.com
Consultant In Legal Matters
Talentsorcerer
Talent Acquisition Expert
+2 Others

Hello All,

Could you please any one help me for guiding in proper direction ....

Am Terminated Employee of on of the organization with performance issue (real issue is with conflict with Manager)...with termination letter organization has given full and final check with 2 lks(Notice pay) approx amount ...

before termination discussion came in to the picture i had resigned from the organization 30 min before ... then in discussion Management given statement we already proceed with termination you have to accept ..

now the problem came in to picture ...after termination of 2 weeks i got offer in diff organization ... then i asked my previous organization to provide my relieving letter and service letter...

then previous organization Hr manager given option you have to write letter stated to that original termination letter and Check to give it back then we will consider you as a normal resignation..

can i proceed with this ...

if they Consider my resignation normal ... then i have to serve the notice period ...

they are ready for normal compensation ..and in companies record they want to remove the termination and total reverse process they want start ...

can i agree with this ....
19th December 2014 From India, Bangalore
ShahnazHussain - Unsure what you want help or an opinion on?
All you can do is negotiate to your benefit with your old employer, based on your own needs. If you get them to accept your 'resignation', then yes, you need to serve a notice period (you can negotiate with them for an early exit) but you will need to return the 2L as well as any pay they might deem necessary.
20th December 2014 From India, Mumbai
Talentsorcerer,, thanks for your generous response ...
I want opinion on this matter actually...
1. if they consider my resignation.. then i have to serve the the notice period that to 3 months ....? will they agree for early exit .... ?
before termination i had resigned from organization ...
no idea ...how to proceed with this negotiation ... can u please guide me ....
20th December 2014 From India, Bangalore
i want to know few things .... force full resignation require to serve notice period or not ? if organization wants to relieve then can we ask for notice pay ...
22nd December 2014 From India, Bangalore
Dear ShahanazHussain,
As you have mention separation is not on the actual reason of non-performance (but on the ground on the conflict with the manager)
Since you have already quit/separated from the company, there is no point again going and serving notice period of 3 month. Talk to HR Manager and negotiate, and try to get the solution for service certificate (without any financial loss to self).
Many issues can be solved after having open discussion, I would suggest you that, go and visit personally, and request / explain the situation and ask for help to get the new job and see to it that win-win situation, which will be beneficial for you as well as your previous organization.
HR Department
BrainLight HR Solutions
23rd December 2014 From India, Mumbai
actually im waiting for offer letters from 2 organizations, which all the rounds of interview had completed just last week....
can i wait for some time to get the offers in my hand then i can proceeded with negotiations..
i have already spoken with HR head ...he is given positive response... "we want to start the reverse process and completely want to remove the termination process and smooth relieving "......
could you please guide me can i wait or ?
25th December 2014 From India, Bangalore
Dear ShahanazHussain,
Offers comes and goes, you cannot predict which offer will click and when it will be in your hand (as it may take long time as well), better clear first past mess which your employer did with you, this will give you relaxation while serving notice period / joining new company etc.
Now you have two good timings happening to you 1) you are in the final round of interview for next employment 2) Your Head-HR is ready to reverse the process from Termination to Normal Resignation.
We suggest that first do the activity which is immediately in your hand (negotiate with current employer and convert termination to resignation), donít wait for offer to come, you can always ask 1 month time to join new employer.
Listen to all seniors who are giving valuable suggestions, do what best suitable to you.
HR Department
BrainLight HR Solutions
29th December 2014 From India, Mumbai
thank you very much for your valuable feedback...

1. if i negotiate all reverse termination process and previous organization is agreed and resignation accepted then ,if they ready for relieving letter with in short period of time ... i will be completely out of from organization once i will get all required certificate ...

after relieving from previous organization ... in this month or next month ,i will not get any offer then for me financial problem will start ...

for future sake i m keeping this check with me .. and can i wait to get offer letter ?

worst case if i will not get any offer with in 3 months then i can survive with 2 lks cheque ...

A. forceful resignation, employer ready to pay notice pay or not ? am not sure if they pay i can proceed not then for me financial problem will arise ?

B. if they settle all things in this month and paid this month salary then .. i will be completely out of form employer ? there is no future communication .. ?

C.i can keep Cheque with me for safe side if i will not get any offer ...?

i am full confident this week or next week any of the organization release the offer ...

really iam tremendous mental pressure, how to handle the situation and how to put which is the highest priority...

can u please guide me ....in life all problem start and ends with financial stability /financial matters ....
29th December 2014 From India, Bangalore
Dear ShahanazHussain,
Choice is yours.
If you are more confident to have offer next week, then keep discussion worm with existing company (Till you figure out what is best for you).
If next week no offer works out, you can serve complete notice period.
Please note that forceful resignation, every organization will not pay you Notice pay. Few smart companies show this as resignation from employee and early reliving, hence no compensation paid, its based on the practice of the company. (Generally in case of forceful resignation company should offer full notice period or pay in lieu of the same)
I understand the financial stability part but be clear in your mind what is your priority, based on this you can negotiate and take final call.
HR Department
BrainLight HR Solutions
29th December 2014 From India, Mumbai
thank you very much for your generous response ....
there is no choice ... all depends on offer letter ...and Financial surviving ...there is no alternate option ...
there is no point of discussion with previous employer for retention in same organization ......
i have confident every thing will sort it out in with in 2 weeks ... with new offer and relieving .. an all ...
because few ...
A. employer never given full justification on termination ..? Why we have to compromise on our point ... ? why should we have to compromise ?
B. Worst case i have cheque to survive up to 3 months ..
C. Let them take a call..
D.from my point what ever i had taken decision it was absolutely correct .. because ..for me career and Financial surviving is important rather then sort it out termination .....
30th December 2014 From India, Bangalore
Not got the offers till now ... really in critical situation ... what to do next ...
i know ... good pay and position takes little bit time ...
Still i can wait or proceed with negotiation on notice pay ....
7th January 2015 From India, Bangalore
i would like to share the Exp which was happened to me ...
every thing is going smooth manner ...
Employer has decided to give to Relieving letter as per organizational norms..and with notice pay ... (2 Lks approx)
But still... i have not got any written offer ....
Moral of the Story : ... Money is not every thing ... once your habituated for work ..its very difficult to survive with out work...
19th January 2015 From India, Bangalore
Notice period is generally for the employer benefit to make alternative arrangements. It is his discretion to relieve an employee immediately after waiving off notice period. So there is no necessity to serve notice period. Employer can waive the notice period.
20th January 2015 From India, New Delhi
now i got offer also ...one thing learn from this exp ...patience to be required for every problem ...
27th January 2015 From India, Bangalore
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