Stuck in a Job Contract: How Can I Navigate My Resignation Dilemma?

Hi All,

I joined my current company four months ago, i.e., in the month of November 2009, on a 12-month contract. The contract clearly states that by giving a 15-day notice period, either I can leave the organization or the organization can terminate my employment.

After being on the bench and reviewing some PowerPoint slides for 2 to 3 months, the management informed us that the project for which we were hired has been canceled, and they are exploring other options for us.

While the management was exploring other options, I began searching for jobs outside. Eventually, my current company informed me that there is a process in which I may continue for an additional 30 to 45 days, after which they will assign me to a different process if there are available positions, or I can leave the company.

Needing a job, I accepted the offer to continue in the new process as it would give me time to search for a more suitable option. However, I later received a better offer from another company, with a permanent position and significantly better benefits.

Upon informing my reporting manager about the new offer that aligns with my profile, he refused to let me go. Despite multiple discussions with him and the HR manager, they did not agree to my resignation.

I sent my resignation via email on 23rd February 2010, with the expected last working day as 9th March 2010, as per the 15-day notice period in my appointment letter. However, my manager replied that he does not accept my resignation.

In one negotiation meeting, my manager insisted I stay in the current process for at least 30 more days. Calculating this, I mentioned in the following meeting that by 9th March 2010, I would have completed 39 days in the current process. However, he then cited reasons related to client relationships and the creation of my ID in the new process as grounds for not allowing my release.

Despite speaking with the HR manager, who also sided with my reporting manager, they offered to negotiate with my new company's HR to adjust the joining date but refused to honor the 15-day notice period.

I am facing a dilemma on how to proceed. Here are some questions I have:

Q1) Is my resignation via email valid?
Q2) What if I stop coming to the office after the 15-day notice period ends on 9th March 2010?
Q3) Can my manager terminate my employment abruptly?
Q4) Is it appropriate for my current company's HR to engage with my new company's HR for negotiations?
Q5) If I stop coming to the office after the notice period, what actions can my manager take?
Q6) Can my manager prevent my departure citing "client relationship" concerns?

Q7) My current company hired and outsourced us to their parent company, where we work for their client. My manager is concerned that if I leave, it may affect the parent company's trust in them and could lead to losing the client.

I understand this may be confusing, but this is my current situation. I appreciate any advice or insights you can provide.

Thanks & Regards,
Rehaan Khan

Dear Rehaan,

As per the stated situation, the resignation is valid through email. You just need to keep a copy of your resignation so that it can be shown to your new company that you have resigned from the current company. Moreover, since you have served your 15-day notice period, you don't have to worry. They cannot stop you from leaving the company. I would not suggest having your current company's HR speak with the new company's HR.

Kindly update me.

Regards, Anu Singhal

Dear Rehaan,

You can happily join the new company after 9th March. Never fall in love with your company but fall in love with your job.

Thanks,
Sunita

Dear Anu,

Thank you for the reply. Is my resignation email considered valid even though my reporting manager did not accept it? I spoke with my new company's HR, and she gave me an option by extending my joining date for 2 weeks, saying this is the maximum she can do. Now I need to negotiate with my manager on this again. Yes, you are right, I did not make them interact.

Regards,
Rehaan

Dear Sunita,

Thank you for the reply. Glad to hear that I can confidently join the new company. However, my new company requires me to submit my relieving letter from the current company on the date of joining itself. Failing which, my joining formalities will not be taken forward.

Now, if I leave my current company as per the notice period, going against them, I think they will make me suffer for my relieving letter, stating that my resignation was never accepted and I absconded, etc., etc...

Please suggest.

Regards,
Rehaan

Dear Rehaan,

You can negotiate with the current company for two more weeks, but at the same time, make sure that if they are making you stay for two more weeks, they have to give this in writing that "You would be relieved from your job responsibilities after two weeks and in case they don't give the relieving after two weeks, this letter should be considered as a relieving letter."

Moreover, you can discuss it with the new company about the whole case. You can show them the appointment letter mentioning the notice period of 15 days and the resignation letter as proof of your innocence. It's your career, and no one can stop you from your growth prospects.

Kindly update me about the decision.

Regards,
Anu