Former Employee Wants a Relieving Letter After Termination – Should I Comply? Legal Concerns?

Hello there,

I had to terminate an Operations (OPS) manager in my organization as he was a habitual latecomer. He has also taken 15 days of leave in 4 months, which is unacceptable for a person in his position. Most of the leaves were not informed to the top management. After terminating him, he called me and threatened to sue the company by issuing a lawyer's notice. However, he did not follow through for some reason. We sent him a show cause and termination letter by post after his termination was completed.

Recently, he called one of the managers and requested a relieving letter, indicating that he is willing to provide a resignation letter dated one month earlier if necessary. He also mentioned that a termination letter from our company would hinder his chances of securing employment in other firms.

Do you think it's right for me to issue him a relieving letter? Are there any legal implications? Please advise.

Regards,
Madhu

Dear Madhu,

You can obtain a resignation letter from him and issue an acceptance letter. Only in cases of thefts and frauds, we do not advise this step. Otherwise, you can accept his request.

Siva

Dear Madhu,

Greetings!

I too feel the same. You can process his request because the reason behind his termination is not going to affect company performance. As Siva mentioned, we can't process his request if he committed a crime or did something unethical that could negatively impact the company's growth.

He is gone; let him go. Otherwise, he may create a bad impression in the minds of other people.

Thanks,
Kiran

Hello Madhu,

Now that the person has requested a clean exit, suggest that the organization can give him his entitlements. Take his resignation letter, issue an acceptance letter, and process the same at the earliest.

Hello,

I would also go by what advice is rendered on a practical plane! As a Human Resource person, my conscience will continue to prick me on at least two counts:

1. Am I giving a clean chit, as it were, to a person who is a latecomer and a habitual leave-taker?
2. Why am I required to be so magnanimous as to condone him after his threats to sue the company? That he did not do it is something I do NOT hold in his favor. Every self-driven person would do the same.

If I accept the suggestion and implement the same, my problems are over, but have I added a polluting point to the employment sector? I state that the advice is sound, and I would follow it myself, but what do I do with this value question that will keep pricking me?

Regards,
Samvedan
Nov 25, 2008

Hi,

As an HR professional, you need to understand that employees may express their emotions, especially when things are not going their way. It is important to consider giving them what they are asking for, even after verbally warning them. This approach can help maintain a positive relationship with the employee.

Regards,
N. Neelam

Hi Madhu,

Along with others' replies, please take note of the following:

Officially, it's not possible to issue a relieving letter to him against a backdated resignation letter as the notice period (if you have any) will come into play in that case, and the same can't be considered for the cases people have mentioned. However, on humanitarian grounds and upon request, you can process the same thing. Please make sure that he has not joined anywhere else during the period he was absent, and the dates do not coincide.

Dear Madhu,

In my opinion, after having issued him with a termination letter, it is unethical and unprofessional to backpedal. You can only provide him with a certificate of employment mentioning, inter alia: period of employment and the post occupied only.

Best regards,

Ashok Fowdar
HR Manager
(From Mauritius)

Hi Madhu,

You could consider either of the following options:

1. Maintain the status quo, especially if you have completed his full and final settlement. On record, he is terminated. Period.

Given his reluctance to receive a legal notice, he is unlikely to pursue any legal action. Reversing this decision would send the wrong message to the employees in your Company. It might set a precedent where others could also try to take advantage of the situation. The employee seems to have realized the gravity of the situation and fears the impact on his career prospects without a formal resignation acceptance letter and experience certificate, which his future employers may require.

2. If he is genuinely apologetic, consider granting his request (if his settlement has not been finalized yet, or if it has, it can be reversed on records). Backdate the resignation/acceptance letter and settlement details to align with your requirements. Before agreeing to his request, arrange a meeting with him and request a written apology for his behavior, which you can keep on file for reference. By doing this, you can ensure that he does not raise issues later that could disrupt your other employees. The issuance of his experience letter and recommendations will be contingent on his future behavior. If you are not satisfied with his conduct, you can delay issuing his experience letter for a few months to monitor his progress and then provide him with a basic tenure letter without strong recommendations. This approach serves as a valuable tool for HR and sets a clear standard for professional conduct.

Cheers,

Rahul Kumar