Hi I work for a startup and I recently resigned from my company citing personal reasons. I have submitted my resignation through e-mail to my Manager/Boss/HR and initially asked for an early exit. He dragged my resignation for a few weeks through email conversations but didn't accept my resignation. Finally when I approached him personally and talked F2F he told me that it's impossible to relieve me early. Then I mentioned that, even though it's unfortunate that I couldn't be relieved early then as per the terms and conditions of the agreement in the offer letter I will server the two month notice period and would exit the company. He right away told me to my face that he wouldn't relieve me.
So, in the worst case I will serve my notice period and not show up at work. But by doing so I will be forfeiting my relieving letter and experience letter. When I mentioned the same to my new employer and disclosed the conversation to them, they understood and told me that it's fine even if I don't have the relieving and experience certificate. They asked me to just come and join with them once after I served my notice. My new employer is also a startup BTW.
Could I really be denied relieving letter? Can I take up the offer of my new employer, will there be any legal ramifications later or in the future endeavours? Can my employer take legal action against me after I leave the company once I complete my notice period, without proper exit process? 24th October 2016 From India, Hyderabad