Can My Old Employer Take Legal Action If I Leave Without a Relieving Letter? Seeking Advice

Hi,

I have been working with a software company for the last 1.2 years. I have received an offer from another company, and they require me to join on 2nd April 2007. I submitted my resignation on 13th March 2007, with a notice period until 31st March 2007. According to my appointment letter, it states a one-month notice period or one-month salary for both parties. I have discussed with my COO, expressing my willingness to pay one month's salary, but he is still not ready to relieve me.

My new employer is willing to have me join without a relieving letter. However, I recently received an email from HR stating that my resignation has been rejected. It mentioned that my resignation will not be considered until I satisfactorily complete all the projects assigned to me, and I will not be released from the organization until then.

If I proceed without a relieving letter, can my old employer take any legal action? I would appreciate your suggestions on this matter.

Dear Jawu,

Your case seems to be very strange. I wonder why the company is recruiting you without a relieving letter. Your ex-company will have the right to send a legal notice only if you did not clear your dues. However, as you mentioned that you will pay the 1-month notice period amount, the company should relieve you. Otherwise, if your company is not relieving you, it may be because you signed a bond to stay for more than 1.2 years. This would be a breach of contract.

Otherwise, nothing can stop you, but make sure you clear it or provide in writing that you will pay them the notice period. Ensure that from your side there is no fault.

Regards,
Srilatha

Dear all,

As per company policy, the employee must provide a one-month notice period. Since you have agreed to pay one month's salary upon your departure, and I believe it is not mentioned anywhere in the company rules that you must complete all projects assigned to you before leaving – especially if you have not signed any agreement to that effect – the company cannot take any legal action based on this statement.

Regards,
Eshwar

Hi,

I don't see any strong or valid reason for your organization to hold you until you complete their pending projects. As per the regular HR practices and policies, they have already penalized you sufficiently by withholding your one-month salary. They are just being unreasonable. I don't think they can take any legal action against you.

Regards,
Sameer

Dear Jawu,

Your case seems to be very strange. It's good that your new employer is ready to accept your services without your relieving letter. But make sure about all the terms and conditions before joining in writing.

As far as your present job is concerned, I don't think your current employer can take any legal action against you as you are ready to pay one month's salary as specified in their rule book. Moreover, you have not signed any agreement or bond with them. I hope it is nowhere mentioned in the company's rule book or in your joining letter that you have to complete your present assignments successfully before leaving. Thus, you are a free bird to join any company as per your will and wish.

All the best.

Dear Friend,

When you sit alone and put yourself in the shoes of the current COO, maybe you may come to a conclusion.

Though you are ready to pay for the notice period, who will make up the pending jobs left aside? Is there any person who has taken over your responsibilities, or is it a project that may affect the current company's growth in terms of employee morale or revenue? Please think it over. However, ask to extend the joining date with your new company. Or sit with your current COO and ask him what the best course of action could be.

No boss thinks on one side; maybe the situation has made him say so.

Imagine that you quit and go to the new company; still, your inner sense will not give you a sense of satisfaction, and further, you may not find job satisfaction and may end up hunting for another new job.

I would suggest you speak to your COO and ask him for a solution, and then maybe you can proceed accordingly.

Walk out with pride and honor, just as you joined the company on the first day.

All the best for your future.

Regards,

Pradeep

Dear Friend,

What Pradeep is suggesting is fair and moral. Please talk to your COO with an open mind, and you will have a reasonable solution.

All the best,
TNT Gowda

Hi Pradeep,
You are right in what you are saying. However, my current job profile requires me to go to the client's site frequently. Being a married person, I am looking to stabilize my life. Additionally, they recently terminated an employee who was unwilling to travel to the client's location. This situation is making me feel uncertain about job security here.

Hello,

If you have signed a bond, then you are bound by that bond provided it is in accordance with the law. An employer cannot force an employee to continue in service if the employee does not wish to work. In your case, your employer can, at the most, seek one month's salary as compensation, subject to the bond, if any. You are not a bonded labor.

P. M. Patel

Hi,

It really seems strange to me how the new employer will recruit you without any relieving letter. Why is the old employer not ready to provide you with the relieving letter? If you encounter such problems with management, discuss them and convince them to issue a relieving letter. Alternatively, you can provide a written document for paying a month's salary as recovery. Make sure to obtain a copy of this document signed by the concerned person; otherwise, it may lead to legal proceedings. An HR person should not be involved in legal proceedings at any point in time.

As Eshwar mentioned, and I also agree, it is not mentioned in your company rules, appointment letters, offer letters, or any other operational manuals of the company that you have to complete all the projects assigned to you before leaving the company. Discuss this with them and try to obtain a relieving letter.

Thanks,
Dev P. Ray

I too faced a problem like this. I worked only for a few days and submitted my resignation due to irritation from the company and client's side. Now they are asking me to give one month's salary, or they will blacklist me, and I will not get a job anywhere. I am ready to pay, but they said that they will not provide any receipt, and I have to pay in cash only. The HR manager says he knows everything and almost everyone. He will send emails to my previous and future employers about what I did and ensure I never get a job...

Somebody, please help me... 😢

Thanks.