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I was asked to resign on disciplinary grounds.

My question is:

What if the grieving woman takes back her complaint after I have resigned and left the organization?

Will I become eligible for rehire?

Will my employee file & records be edited if the complaint is withdrawn?

From India, Delhi
Dinesh Divekar

Dear Manish Dhawan,

Replies to your question are as below:

What if the grieving woman takes back her complaint after I have already resigned and left the organization?

Reply: - Your resignation was nothing but acceptance of the guilt. Though the resignation of the employee and the complaint against him/her are two unconnected things, it appears that your management did not wish to conduct an investigation on the complaint and legally take it to the logical end. This happens in many companies. To give a semblance of normalcy, the accused is asked to put in papers. Once the resignation is submitted by the accused, the aggrieved person withdraws the complaint. This saves time of the organisation to conduct the investigation.

Will I become eligible for rehire?

Reply: - It is difficult to give a reply to this question. This is because notwithstanding your resignation, whether the company maintained the records of what went behind the resignation that we do not know. Secondly, we do not know whether you are black-listed or yellow-listed. Generally, green-listed employees are rehired. These are the ones who had a smooth exit from the organisation. Yellow-listed are the ones whose exit had a negative connotation like in your case. The red-listed are the ones who are terminated under disciplinary grounds and proper records of the domestic enquiry or other enquiries are maintained.

But then the question arises why do you wish to rejoin the organisation that told you to quit on the grounds of discipline? Why not join the companies in the same industry segment who could be looking for the skillset that you possess?

Even if you rejoin, a few members will certainly know that your exit was tainted. There is room for looking at you suspiciously. If not direct suspicion, then women colleagues could be extra vigilant against you. Will you be able to work in such an atmosphere?

Will my employee file & records be edited if the complaint is withdrawn?

Reply: - It is difficult to give a reply to this question as we do not know what is the policy on managing the records of the former employees. By the way, the reply to this question is given in the reply to the second question.


Dinesh Divekar

From India, Bangalore

Hi Manish,
In situations like this, it's best to consult with a legal professional for advice specific to your circumstances and jurisdiction.

If the grieving woman decides to withdraw her complaint after you've already resigned and left the organization, it could potentially affect the situation in several ways:

Eligibility for Rehire: If the complaint is withdrawn and no official disciplinary action was taken against you, it might improve your chances of being rehired in the future. However, this would ultimately depend on the policies and discretion of the organization.

Employee File & Records: If the complaint is formally withdrawn, it's possible that your employee file and records might be updated to reflect this change. Again, this would be subject to the policies and procedures of the organization and any applicable laws.

Remember that organizations have their own internal policies and procedures, so outcomes can vary widely depending on the specific circumstances and the company's approach to such situations. It's crucial to consult with an HR professional or legal advisor who is familiar with your local laws and the policies of your former employer.

Please seek professional advice to understand your situation fully.

From India, Bangalore
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