Facing Legal Trouble and Reference Issues After Resigning: What Are My Options?

Hi,

I was working in an IT company for 4 months and then resigned as I wanted to stay with my husband in the UK. According to my company's rules, an employee is under probation for 12 months after joining and is liable to serve a notice period of 2 months if he decides to leave, or he can pay off the notice period if the company agrees to an early release.

I sent the resignation to my Reporting Manager, and he spoke to my project Manager about my release. The project manager did not have any issues. Then I spoke to my HR manager to request an early release, but he has not agreed until now. He has declared me absconding and sent a legal notice to my place.

Currently, I am in the UK and have a contracting opportunity, but the contractor wants a reference from my previous company. Reference details include information regarding my employee number, employment start date, employment duration, reason for leaving, my conduct in the company, and whether the company would like to recruit me again or not.

I need to know:

1. Can my previous company refuse to give a reference for me?
2. What is the implication of a legal notice (it says I need to join within 7 days)?

Please help me as this is hampering my career and my chances of employment in the UK.

Regards,

Hi,

The topic of the post was 'absconding rules.' The 12 months you mentioned here as probation was agreed upon by both parties. Also, you have not mentioned anything about whether you served the notice period or not. So, I'm pretty confused about whether absconding rules apply to you or the company. I learned that an employer cannot remove an employee from the payroll because of non-productivity within the probation period. An employee has the right to stay with the company at least to complete the probation. In return, the company also has rules; if an employee is absconding and not turning up within a particular period of time, they can send a legal notice.

Regarding your questions:
1) There is no point in refusing the reference; they may provide all information about you to your current organization, including your attendance status and conduct.
2) Try to contact your previous organization and ask what exactly they are expecting from you. Also, make it clear that you have no intention of continuing the job there. Inquire about alternatives to be removed from their payroll.

[I'm quite concerned about showcasing your 4 months of experience in an organization; it could create a negative impression in any way.]

Hi Prasanth,

Thanks for your response.

I have not served the notice period, and that is why I asked the company for an alternative. I am even ready to buy out the notice period. I am regularly in touch with my previous employer and sending them emails telling them my intention of not joining the company and also asking for ways to get rid of the payroll. Anyway, my employee ID has been taken out of their workflow system as I can no longer sign in to the intranet portal or check my emails. Still, they say that I am declared absconding and asking me to serve the remaining notice period.

Can they tell the same thing to my current organization?

Also, my current organization knows that I have not received a relieving letter from my previous organization since they wanted me to join at the earliest. But the HR is going through a proper background verification check from an external agency.

I have two questions:

1. I wanted to know that even when I informed all the relevant parties that I am leaving, can the company still declare me absconding?

2. Can the current organization refuse my employment based on this information despite them knowing my status in the previous organization?

Thanks once again for your replies.

Regards

Your previous employer will not be able to take any legal action against you because you have left the establishment after submitting resignation. If you do not want to lose your four months' experience, you can request the company to relieve you in a proper manner. Sending a cheque for two months' salary to the company and asking them to accept it in lieu of a two-month notice period should suffice. Copies of the cheque and the letter are sufficient to defend against any legal action. In fact, nobody will file a case against an employee who has agreed to buy out the notice period.

During a reference check, the previous employer may provide different remarks, but we should also consider what is known as "professional ethics." Therefore, it is advisable to hope that the previous employer will always be a favorable referee for you.

Regards,
Madhu.T.K

Please re-check the terms of your Appointment Letter. Normally, one month or two months or even three months' notice in the exit clause comes into play after confirmation.

During probation, the terms of leaving the company may stipulate 24 hours, 7 days.

Therefore, please read your Appointment letter, particularly the exit clause carefully, once again.

If the terms contained in your Appointment Letter state that you are required to give the Company two months' notice even during the probationary period, well then you will have to pay the Company salary in lieu of the shortfall in the notice period.

You cannot be compelled to work during the notice period.

Running away without sorting out matters has put you in a spot.

Offer to compensate the Company for the shortfall in the notice period and then ask for an Experience Certificate/Relieving Letter.

Currently, I am in the UK and have a contracting opportunity, but the contractor wants a reference from my previous company. Reference details include information regarding my employee number, Employment start date, employment duration, reason for leaving, my conduct in the company, and whether the company would like to recruit me again or not.

I need to know:
1. Can my previous company refuse to give a reference for me?

Yes, they can.

2. What is the implication of a legal notice (it says I need to join within 7 days)?

I have given you the answer above.

Please help me as this is hampering my career and my chances of employment in the UK.

Regards,
Vsant Nair

1) Check your Exit clause in the Appointment letter.

2) Check the notice period policy; in some companies, you adjust your notice period against your notice period.

3) Check your leave encashment policy. Be calculative and calculate your returns (PF + Leave encashment + other allowances if any). As per my knowledge, no company can stop the Full and Final settlement of any employee.

You can always tell your new employer that you didn't get the chance to serve the notice period and you left early because of your relocation.

Gautam Khanna

Hi Madhu,

Thanks a lot for the reassurance that the previous company will give a good reference. I do not exactly know how much is the amount I need to pay to buy out my notice period. I believe one needs to pay the basic per month on a pro-rata basis.

By tomorrow, I am expecting a reply from my previous company about my reference. I will keep you posted on the outcome.

Regards,

Hi Vasant,

Thanks for your post. My appointment letter says that I am liable to serve a two-month notice period even under probation or pay off the remaining notice period if the company agrees. I have also offered to buy out the remaining notice period so that I can get my proper relieving from my previous company.

The problem is that I am in the UK now and have joined the current company, but they didn't know that before the reference check from the previous company, my contract cannot be confirmed. So now, both I and my current organization are waiting for the previous company to give a reference before I can start working legally for the company.

It's already one week, and my previous company has still not replied back. I am also in touch with them, trying to convince them to relieve me and take the notice period money. But they are refusing and asking me to serve the notice period.

I do not know how long the current company is going to wait for my reference check and what will be the implication if my previous company says that I am absconding. Do you have any thoughts about this?

Regards,

Hi Gautam,

Thanks for your post. I didn't understand the first point you mentioned regarding adjusting the notice period against the notice period. Also, I was in this company for only 4.5 months, and the total number of leaves I had was 8, which I have already consumed.
Also, I am under probation, so I don't know how this encashment and other policies work.
My current employer exactly knows the situation, meaning the manager who recruited me, but the HR wants to do the background reference check, so we are all waiting for the reference from my previous company.
That's why I am apprehensive that if my previous company refuses to give a reference or gives a bad reference, then what will happen.

Regards,

Hi All,

Just a little update from my side. My previous company has given a good reference of mine to my current company, and therefore my current company is about to offer me a contract role.

Thanks a lot for your advice, suggestions, and comments. Your readiness to help and provide inputs is greatly appreciated.

Regards, Swati

Hi,

Your issue is not an absconding case. Absconding means any employee who left the organization without sending the resignation letter or informing any official in the organization. If HR has sent a legal notice to you, reply with a copy of your resignation letter that was already sent to your manager.

So, your issue is that you have not completed the relieving formalities of the company.

Regards,
Y.V. Madhava Reddy

Hi,

This is up to your previous organization's HR Dept, what they will do or tell about you to the new company. I am also working in a Big MNC in HR, and I am also facing similar cases, but we never spoil anyone's career. We always provide positive feedback. Regarding legal action, you may have to pay two months' salary for non-completion of the notice period. To understand this better, you should check what they have mentioned in your offer letter.

Regards,
Mangesh

You may like to send your previous employers the following letter under Registered Post & Email, immediately:

To

Dear Sir,

As you are aware, on account of some very personal reasons, I could not continue in my present employment. Therefore, I took the painful decision to resign from the services of the Company.

I submitted my resignation on [insert date] and had requested release from my duties with immediate effect. I had also indicated that I was prepared to pay the Company a salary in lieu of the shortfall in the Notice period stipulated in my Appointment Letter.

I hereby once again request you to kindly accept my resignation and provide me with a statement of my Full & Final Settlement. I reiterate that I am willing to compensate the Company, as per the terms of my Appointment Letter, for the shortfall in the prescribed Notice period.

I earnestly implore you to please consider my very reasonable request favorably and arrange to settle the matter of my release at the earliest.

Thank you,

Sincerely Yours

You may also consider finding someone local in India (at the location where you were employed with your previous employer) to handle the matter on your behalf and expedite the process of your release.

You could send all details of this transaction, a copy of your Appointment Letter, the emails exchanged with your previous employer, and a letter authorizing the concerned person to represent you to any of the CITE Members, and we could possibly assist you.

You can contact me directly on my Mobile: 09717726667 or my landline 0124-2217579 or via my personal email at vasantnair10@gmail.com.

I am willing to assist you with this matter.

Best Wishes,

Vasant Nair
HR Advisor