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Sanket93
I just got a new job in a company and subsequently I have resigned in my present company. My present company has a notice period of 2 months and no buyout option(available only when manager agrees to). Now, the new company wants me to join within 1 month after which the offer will be withdrawn, whereas my manager is not allowing me to go and is asking me to serve the full 2-months notice period. I have tried explaining my situation to my manager several times but he simply doesn't agree and finally told me that he is not at all concerned about my career prospects.

Finally, the new company withdrew the offer and after this I don't want to work in my present company. I also told my manager that if he deliberately wants to stop me for 2 months then I will be least interested in giving any transitions or KT he wants me to give.

So, two questions here -

1. What are the possible legal implications that I might have to face now in terms of relieving letter or experience letter even after I complete my 2 months notice period? Can he deny the relieving letter or experience letter in the absence of the required commitment?

2. If I going to face the heat here, then what possible things can I do to pacify the situations?

Please note that I am still serving the notice period.

From India, Bengaluru
Ashutosh Thakre
273

Dear Sanket,
You are anyways leaving the organisation, then be peaceful for the remaining period. Least the company can do is issue you a termination letter for not abbiding by the company rules and creating trouble in the day to day working.
So why create a situation where even if they relieve you, they provide a bad background verification report in terms of being not so a good employee, who they would not want to rehire for the nusienance value.
Hope you are smart enough to understand the implications and rather improve your relations with the manager, through dialouge.
Regards,
Ashutosh Thakre

From India, Mumbai
tajsateesh
1637

Hello Sanket,

First of all, how much Time-to-Join did you commit to the new Company--1 or 2 months?

We keep dealing with various types of Companies...big & small.....and what's told in the Interviews is usually taken into account during the Offer roll-out. And even IF the Company wants you to join earlier [which is usually the reality], it depends on YOU to handle it suitably. You should have told them 'I will try, but can't commit without discussing internally'.

As far as I can see, the impression you must have given to the new Company was that joining in 1 month is surely POSSIBLE.

Suggest handle such issues carefully in future.

Coming to your line "I also told my manager that if he deliberately wants to stop me for 2 months then I will be least interested in giving any transitions or KT he wants me to give.", Nathrao is absolutely right.

I would also like to point-out that you are making your life tough as long as you work here.....and in the process, ruining whatever goodwill you would have generated so far.

Also, vis-a-vis your line "Can he deny the relieving letter or experience letter in the absence of the required commitment?", pl note that it's YOU who will be the loser in the final tally with such an attitude.

Without sounding too blunt, frankly, you didn't handle the Joining-time issue with the new Company properly which led to this situation. So blaming your Manager for what essentially was your doing isn't right & also counter-productive.

Just continue the OLD way you used to work with FULL efforts from your end.....there's a Saying: 'whatever happens will turn-out to be for our long-term good'.

Who knows.....MAYBE your manager will see that your performance hasn't deteriorated even after this incident & MAY decide to give you a hike or promotion? I have seen it happen earlier.

And IF you still want to move-out, pl handle the Joining-time issue more carefully....without any presumptions.

All the Best.

Rgds,

TS

From India, Hyderabad
Sanket93
Hi All,

Thanks for the answers and suggestions. I have been trying to patch up with my manager and it seems that it is working also.

The only reason I exploded was because my manager said he doesn't care about my career and that too in a very rude tone. I was shocked to hear that. Even after requesting him to reduce my notice period from 60 days to 45 days, he didn't agree. I was also ready to pay for the remaining 15 days but he didn't agree to that also. So I had to let go of the offer. Unfortunately, I have to take back my resignation since I had no other offer.

@Ashutosh Thakre No I am not leaving the company as of now. This is because the other company which gave me the offer has now withdrawn the offer.

@Tajsateesh I have tried every possible way to convince the other company to extend the joining date but in vain. I have always been telling them from the start that I have 2 months notice period. They even gave me the option to join in 45 days but my manager didn't agree. They were ready for the buyout option as well but again my manager didn't agree. Seems like my manager was not willing to let me go.
"I would also like to point-out that you are making your life tough as long as you work here.....and in the process, ruining whatever goodwill you would have generated so far. " It's already tough to work here knowing that your manager is so short-tempered and given the conversation.

Anyways, thanks again for all the suggestions. But the sad part is I lost the offer just because none of the parties was willing to agree. Gives me 1 lesson though - it's good to have 2-3 offers which agrees to take you after your notice period. Kind of give strength to stand up to situations and managers like these.

From India, Bengaluru
tajsateesh
1637

Hello Sanket,

I think you are missing the forest for the woods.

Frankly, I don't find ANY difference between your manager & this new Company.....except that your manager SAID that he "doesn't care about your career", while this new Company said it thru their ACTIONS. Else, I don't find any justification for them to put undue pressure on you when you told them clearly that <2 months is not possible. At best, you can try.

Take it from me: it's good that this Offer had to lapse.....for all you know you MIGHT have got into more serious trouble in case you joined here.

So, DON'T worry about loosing this opening.

And also, it's not realistic or right for you to form an opinion based on THIS experience that you should have 2-3 Offers before resigning.

What you need to ensure is that the New Company understands your limitation(s) & goes along.....any relationship that DOESN'T adhere to a Win-Win association is bound to fail at some point-of-time. It's wise to keep away from such situations--be they professional or personal.

But this also depends on YOUR Interview performance. Many Companies wait for even 3-4 months for a VERY GOOD guy to join.

So suggest hone-up your technical skills to that extent that YOU will be in the driver's seat than the Company.

All the Best.

Rgds,

TS

From India, Hyderabad
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