Hello,
I found myself in a situation where I joined a company and realized it was not the right place for me in terms of my career growth. I had a better opportunity with another company. I signed the Appointment letter on the first day, and my probation period started from that day. When I returned home, I couldn't convince myself that I could continue working there. On the second day, I called my manager and explained to him that I was not willing to continue. After a discussion, when he learned that I would not be continuing, he disconnected the phone. A few hours later, I received messages from HR on WhatsApp stating that they would take legal action against me. They had hired me for a senior position for an upcoming project. In my response, I explained that I cannot work at a place where I am not willing to be. I later sent an email explaining why I could not continue with the job. Recognizing that it was my fault and that the company might lose the client, I offered to help for the next 5 days (including Saturday and Sunday) with new recruitment and ongoing project work that had started on my first day. However, as discussed on the call with HR, she insisted that I serve a 30-day notice during my probation, or they would take legal action against me to recover their project losses. The same requirement was reiterated by HR in their email response. Can a company demand this from me? I cannot afford to pay thousands of dollars to them. I need to start my new job on Monday and cannot fulfill a 30-day notice period.
I had signed the Appointment letter, background check document, confidentiality document, and EPF form.
From India, Delhi
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1I found myself in a situation where I joined a company and realized it was not the right place for me in terms of my career growth. I had a better opportunity with another company. I signed the Appointment letter on the first day, and my probation period started from that day. When I returned home, I couldn't convince myself that I could continue working there. On the second day, I called my manager and explained to him that I was not willing to continue. After a discussion, when he learned that I would not be continuing, he disconnected the phone. A few hours later, I received messages from HR on WhatsApp stating that they would take legal action against me. They had hired me for a senior position for an upcoming project. In my response, I explained that I cannot work at a place where I am not willing to be. I later sent an email explaining why I could not continue with the job. Recognizing that it was my fault and that the company might lose the client, I offered to help for the next 5 days (including Saturday and Sunday) with new recruitment and ongoing project work that had started on my first day. However, as discussed on the call with HR, she insisted that I serve a 30-day notice during my probation, or they would take legal action against me to recover their project losses. The same requirement was reiterated by HR in their email response. Can a company demand this from me? I cannot afford to pay thousands of dollars to them. I need to start my new job on Monday and cannot fulfill a 30-day notice period.
I had signed the Appointment letter, background check document, confidentiality document, and EPF form.
From India, Delhi
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When I came back home, I was unable to convince myself that I can work there anymore.
What exactly made you change your mind so quickly?
"They hired me for a senior position for their upcoming project."
The higher the level of the post, the more maturity level required, and snap decisions should be avoided. You have put yourself into a difficult situation with a vacillating mind. The company is on a strong ground to question you and seek to take action. They may not waste their time fighting a legal battle, but your actions of joining and then stopping work from the 2nd day and joining somewhere else are an avoidable act. Please consult a local lawyer who is well-versed in labor law and seek his advice.
One must understand that HR has to work hard to recruit, and time is money. Besides, the project can be delayed due to a sudden exit. The company will have to answer to their clients as well. One cannot think only in terms of personal convenience.
From India, Pune
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What exactly made you change your mind so quickly?
"They hired me for a senior position for their upcoming project."
The higher the level of the post, the more maturity level required, and snap decisions should be avoided. You have put yourself into a difficult situation with a vacillating mind. The company is on a strong ground to question you and seek to take action. They may not waste their time fighting a legal battle, but your actions of joining and then stopping work from the 2nd day and joining somewhere else are an avoidable act. Please consult a local lawyer who is well-versed in labor law and seek his advice.
One must understand that HR has to work hard to recruit, and time is money. Besides, the project can be delayed due to a sudden exit. The company will have to answer to their clients as well. One cannot think only in terms of personal convenience.
From India, Pune
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Hello, @Nathrao - I am an experienced professional, and this is my 3rd company. My first company was very small, and because of that, there was tremendous work pressure on me. I had to work 12-16 hours daily to meet my boss's expectations. Due to this, I changed my company after 5 years and joined somewhere bigger. However, after some time, I encountered the same problem. Therefore, I decided to switch again after 2 years.
Now, I have joined this company, which appeared bigger than my current company. However, on my first day, I discovered that there were only a few developers, and I was alone in my team; the rest were sales executives or customer support staff. They informed me that they were going to hire 2 more juniors under me, but there was no one else apart from that. Normally, there can be a single person or 2-3 individuals in a project. However, as a complete team, there must be enough people around you working on different projects.
Additionally, the work timings were from 2 to 11 pm, which I found very awkward and disruptive to my work-life balance, especially as I am getting married soon. I wanted to change my job to advance my career. However, after my first day here, I felt that I had once again joined a company that would make my life difficult.
From India, Delhi
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Now, I have joined this company, which appeared bigger than my current company. However, on my first day, I discovered that there were only a few developers, and I was alone in my team; the rest were sales executives or customer support staff. They informed me that they were going to hire 2 more juniors under me, but there was no one else apart from that. Normally, there can be a single person or 2-3 individuals in a project. However, as a complete team, there must be enough people around you working on different projects.
Additionally, the work timings were from 2 to 11 pm, which I found very awkward and disruptive to my work-life balance, especially as I am getting married soon. I wanted to change my job to advance my career. However, after my first day here, I felt that I had once again joined a company that would make my life difficult.
From India, Delhi
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Dear colleague,
You are seeking advice for your own wrongdoings. The problem is not with the companies but with your uncompromising job-hopping attitude, which is creating chaos for you.
Please take some time to introspect and correct yourself before seeking advice on this forum.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You are seeking advice for your own wrongdoings. The problem is not with the companies but with your uncompromising job-hopping attitude, which is creating chaos for you.
Please take some time to introspect and correct yourself before seeking advice on this forum.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Friend,
Based on your post and the information provided, there is no option other than serving a 30-day notice. You are well aware that the compensation cost for abandoning your job is $1000.
The terms and conditions of the appointment letter and its interpretation in line with your resignation can only pave the way forward. I suggest you consult with a good lawyer to determine the appropriate course of action.
Thank you.
From India, Mumbai
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Based on your post and the information provided, there is no option other than serving a 30-day notice. You are well aware that the compensation cost for abandoning your job is $1000.
The terms and conditions of the appointment letter and its interpretation in line with your resignation can only pave the way forward. I suggest you consult with a good lawyer to determine the appropriate course of action.
Thank you.
From India, Mumbai
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Legal Clarification on Severance Dues & Probation Period.PDF
Withdrawl of Resignation and Notice period.doc