Can a Company Terminate You After Accepting Your Resignation? Seeking Advice on a Friend's Dilemma

Hi,

I need advice from seniors regarding my friend's situation. My friend recently joined a software company three months ago, but due to some issues, his reference check from his previous company turned out negative. His current company informed him that they would close his case within 7 days. However, he decided to resign before that deadline, and his resignation was accepted by the company. Now, the company is stating that they will not provide him with a relieving letter and instead issue a termination letter.

Is it possible for the company to issue a termination letter after accepting his resignation? Please advise.

Regards,
Gunjan

Dear Friend,

I'm sorry to say that this is a case of fraud and misrepresentation. My personal request is that you do not approach the same company for a relieving certificate, as they will not issue any certificate. If they do issue one, it means that your friend did not commit any wrongdoing and there is no issue.

I suggest looking for another job through fair means.

Shalabh

Hi Gunjan,

It sounds contradictory to me. How can they issue a termination letter after accepting resignation?

A termination letter can be given in the case of involuntary or forceful exit of an employee; if they have accepted the resignation, then this is a case of voluntary exit, and the employee deserves a relieving letter. However, there's no doubt that this is a case of fraud and misrepresentation of facts, and the current organization has the right to terminate the services. The current organization is shying away from giving a relieving letter so that there's no formal proof of association between the organization and this person.

Ask your friend to leave the organization with resignation acceptance only as there's no point following up for a relieving letter, particularly when there's a case of fraud, and work experience is only 3 months.

Amit

Hi,

One of my friends was with a services company for over 5 years. When joining, he claimed to have 1 year of experience by providing fake letters. He worked hard and received many accolades. A few months ago, when one of his team members was terminated for a similar offense, he became very conscious of his mistake and voluntarily informed his supervisor about the falsehood from 5 years ago. As my friend is one of the best in the team, his supervisor assured him that nothing would happen and he would be pardoned. However, his supervisor did not take any action, and after some time, the company conducted a background check and questioned my friend. Subsequently, he immediately resigned, continued to perform exceptionally well even during that challenging time, and then left the company. Recognizing his sincerity and contributions, the company released him honorably, citing his conduct as "Good." Throughout his tenure, he received around 10 awards, including recognition as the best performer, some of which even highlighted his impeccable conduct and integrity.

Now, he is taking this situation seriously and has not pursued any new job opportunities. He feels labeled as a fraudster due to a mistake he made when he was 22. His data may be in the hands of Background Check Vendors who could be sharing his information globally without his authorization. How can he prove his integrity? How can he demonstrate that he tried to rectify his mistake and that he is an honest individual?

Ram

As you are located in a different country (I'm in Australia), do you have in place within the employment contract the clause stating:

"If an employee's reference is not deemed acceptable by the company, or if the Criminal, Medical, or Children Checks are not cleared, the employer has the right to terminate the employment contract immediately within the first three months of employment."

Basically, reference checks in Australia are done before the person is appointed, and the relevant checks by the government departments can sometimes take some time, so there is always a clause relating to that.

Hope this helps.

In answer to your friend's case, in Australia, we are still required to issue a statement of employment or employment separation certificate regardless of the terms the employee left on.

All the best to your friend :)

Erica

Hi Amit,

One of my friends is working in a company for 3 years and has found a better job, so he decided to resign. However, his resignation is not being accepted, and he is facing questions about his past experiences. Moreover, he is being threatened with termination. Is this justified?

Hi Gunjan,

It seems contradictory to me. How can they issue a termination letter after accepting the resignation? A termination letter is typically given in cases of involuntary or forceful employee exits. If the resignation was accepted, it should be considered a voluntary exit, and the employee should receive a relieving letter.

However, it is evident that there has been fraud and misrepresentation of facts, giving the current organization the right to terminate the services. It appears that the organization is avoiding providing a relieving letter to erase any formal proof of association with this individual.

I advise your friend to leave the organization with the acceptance of his resignation only. Pursuing a relieving letter may not be fruitful, especially in a situation involving fraud where the work experience is only for 3 months.

Amit

Hello,

Even in Hong Kong, we are required to provide a separation letter regardless of whether the employee is fired or has resigned. However, the language of the letter is different in the two cases. In case the employee is terminated, we mention only the duration of employment and last drawn salary. That's it.

In case the employee resigns, we include the duration, last drawn salary, personal performance review, and a line stating that the employee left of their own accord. However, in this fraud case, the company is reluctant to provide a reference letter. Nevertheless, they should issue a letter stating at least the job period in that company. There should be no hindrance to that.

Cheers,
Ruchi

One of my friends submitted an expense claim with his company. The company objected to some taxi bills and began questioning the expenses. Meanwhile, my friend resigned, stating that the two-month notice period starts immediately without specifying a last date. However, his resignation was not accepted, and he was disengaged from services until the compliance investigation is completed. Now, he is worried about what might happen if the company decides to terminate him.

Should He Send Another Email?

Should he send another email regarding his previous resignation, suggesting a recent last day of work as he is willing to pay the notice period? He is concerned that his career will be negatively impacted if he is terminated. What should he do? Please reply urgently.

Best regards,
[Your Name]