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Anonymous
I worked in an small company as it developer where the notice period was 2 months and i got an offer from another better company where they wanted me to join in one month so i sent my father who is legal consultant and he talked with the MD of organisation and the MD agreed to relieve me in one month and he said that he would inform to the CEO but there was no mail confirmation regarding the discussion and five days before one month when i went i went and asked the CEO he took u turn that the MD didn't say like that and you would be relieved just before 5 days the notice period.

Before that i sent many follow up mails for which there was no reply and my new company accepted to join me without relieving letter so i came out by placing an email stating that i would not coming to office and please provide my relieving letter and later as per my fathers advice i sent an letter requesting relieving letter and also they made me to do night shifts and weekends without allowance which is mandatory for which i requested to grant money other wise i would seek legal remedy, so then they gave me the relieving letter and they neither wrote negatively or positively in the relieving letter no comments, is there any chance that they will give negative comments about me and i don't have any negative records in the employment need your help.
14th August 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer
Ashutosh Thakre
Hr Professional

Well gentleman, you are sufficiently grown adult and supposed to be capable to handle the professional matter. However, taking advice from father at home is different and calling him to the office solve workplace issue is different. Why did you allow your father to get into your professional matters? From father's side he should not have intervened in son's career issues. His job is to analyse the situation and allow son to take his decision.

While running a company, owner has to get the job done from various people. To get the job done, it is important to formulate certain rules and regulations. These rules and regulations help the company to plan their company activities. One of the rules about exiting employees is their notice period. However, rather than following rule of the notice, you allow your father to throw his weight behind you!

Your major concern is will your past employer give negative feedback you in the background verification. What feedback to give is absolutely up to them and there is no legal remedy. Even they could give a factual feedback like "father of employee, who is legal consultant, comes to the office and represents case in his son's favour". But then there is no legal remedy for giving factual feedback!

By the way gentleman, decorum of the forum demands writing the post that is free from grammatical mistakes or without spelling errors. This is formal forum and there was no need to assume that seniors will accept your informal language. You are seeking professional advice and professionalism has to be maintained in seeking advice. Professionalism is the foundation of one's character and legal issues come later.

Thanks,

Dinesh Divekar
14th August 2017 From India, Bangalore
Anonymous 
Hi Dinesh,

Thanks for giving your valuable advice but could you please clarify my below concern

In a situation where the employer doesn't consider the employees repeated request of relieving earlier by paying the amount for the remaining notice period that he has to serve and neither he accepts the withdraw of the resignation letter whom should he meet and whose help should he take, shouldn't he take legal help for the resolution of issue or should he be victimized by the unilateral decision of employer
18th August 2017 From India, Bengaluru
The Notice period was well accepted by you when you joined the organisation, so the decision is not unilateral nor are you victimized.

Now coming to notice period, it is the organisation's choice to allow a payment in due of notice period or ask the person to serve the entire notice period. This depends upon the work that the individual is handling. Higher the level in the organisation, the longer the handover period.

And coming to the negative feedback, they can state the fact that the person is incapable of taking professional decision and has to be dealt with through legal consultants. If this creates a negative feedback, the company is not to be blamed.

Regards,
19th August 2017 From India, Mumbai
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