Stuck Without a Relieving Letter After Resigning Due to Health Issues – What Can I Do?

My name is Sanjay. I was working for a company as a Sr. Manager - Delivery SAP. I was on a probation period. I joined the company on December 1, 2009, and resigned on March 22, 2010, due to a severe backache problem without giving a notice period. I resigned through email as I was not able to move out of bed. But before resigning, I handed over all documents, data, and company property to their HR and Director as per their decision.

After resigning, I made several follow-ups for my salary, but to this day, I have not received it. On top of that, the HR and Director were threatening. They are not even providing me with the relieving letter upon learning that I secured a job in a well-reputed MNC. The MNC is unwilling to onboard me because I lack the Relieving Letter from the previous company. I am in a difficult situation. Please suggest a solution.

Dear Khimesras, let me clarify something with you. In your statement, you mentioned that you resigned due to severe back pain. Why didn't you consider applying for medical leave or working from home instead of resigning?

Also, at that time, did you know how long the medication period would be? It's essential to be clear about such details for other members to provide appropriate feedback.

Thank you.

I agree with Mahesh. First, you should have availed yourself of medical leave; otherwise, you must have produced your doctor's or hospital's medical certificate and could have taken LWPs and rested. I am sure then everything would have been smooth. Second, I do not see any point in resigning. Companies do support such cases. In my company, a guy had a bad accident; we waited and never asked him to resign, and now he has rejoined us after 5 months.

Next, if your condition is so bad, I don't understand how you managed to attend the interview, got selected, and got another job. If you are looking for a job even in such a condition, then why did you leave your previous job? It sounds harsh, but in such situations, what your HR is doing is right. I am in HR, and no company would take this. Imagine you are running your company, and somebody resigns because he's unfit but tries to join elsewhere; what would you do? Will you happily relieve that guy? Surely NO.

So, before blaming others for their bad behavior, first check if this is a reaction to something bad from your side. What would you have done if you had been in their situation? Don't take me wrong, but this is the right procedure.

I agree with Mahesh because instead of resigning, you could have applied for medical leave. Your resignation may have raised suspicions with your employer, leading to them not providing you with an exit clearance. It's possible that your resignation was not accepted by your immediate supervisor.

If you are feeling better now, approach your employer and inquire about the status of your resignation, whether it has been accepted by your supervisor or not. Regarding the relieving letter, they cannot provide it until your exit clearance is resolved.

You should visit your boss/supervisor and personally explain your situation, requesting a clear answer. Bringing your medical bills and certificates to HR may also help your case. Best of luck!

For further assistance, feel free to contact.

Dear All, Thank you for the reply. There was a lot of mismanagement in the company from top to bottom. There was no management hierarchy, and there were many internal issues within the company. There was no HR department. In March 2010, I developed a slipped disc issue. Additionally, my subordinates were carrying out their roles based on the instructions of HR personnel who lacked knowledge of project implementation. The company was not professional; it was a placement agency. I was misled by their promises and joined without researching the company beforehand.

I resigned on March 22, 2010, due to medical reasons, which the company was aware of. As the Delivery Manager, I had already handed over all project information to the Director. The subordinates reported directly to the Director due to the lack of management hierarchy and reporting structure, which was one of the reasons for my resignation. I stayed at home until July 2010 when I received a new job offer. I had been on medical leave for four months since March 2010. I had been requesting clearance for my resignation for four months.

There were incidents where 15 former employees in the headhunting department were not paid their dues. Several police cases were filed against the company for mistreating ex-employees. I was mentally harassed by top management for delivering a project without proper technical or functional consultant approval. Projects worth 15 lakhs were acquired for 2 lakhs. Marketing personnel and Directors obtained projects at low costs, citing that commercial matters were not their concern. There was immense pressure on project delivery without adequate resources, exemplifying the company's unprofessionalism. When I developed a slipped disc problem, I informed the company that I could not work under such conditions and requested time off as per the doctor's advice. I also expressed my intention to leave the company amicably. I believe my decision was justified, but I welcome any advice on the matter.

Thank you.

Dear, there is a contradiction in your statement. Are you quitting the job because of your health problem or dissatisfaction with management? Before taking any action, please clarify for yourself. Which salary is pending for you (last month/day worked)?

If you are in probation at the time of resigning from the job, the notice period is only for 7 days. Additionally, if you submitted the resignation along with a medical certificate, you are not liable to pay the notice period. An email resignation is only an informational notice. A hard copy of the email, duly signed by you, is compulsory for the processing of full and final payment. As a professional/manager, you should complete physical handover formalities along with departmental clearance and HR.

It is suggested that after completing the above-mentioned formalities, please send a letter to management through registered AD to request your dues. After 15 days, send a legal notice through an advocate. Later, submit a lawsuit to your nearest civil court claiming the due amounts along with interest. Success will be with you.

For more assistance: [Email Removed For Privacy Reasons]

Addressing Indiscipline and Seeking Resolution

Do not fear. Go straight to HR or the director and apologize for the mistake you made. Only they will address the issue of indiscipline, but they will be understanding. They may delay the process by a few days, but that is a remote possibility. We are all human beings on earth, with some being more positive and others less. Do not create a biased illusion in your mind.

You have resigned during your probation period; therefore, the company is not entitled to give you your salary or your dues. Much as anyone would dislike to hear it, it's a loss for the organization to hire a person and rehire for the same position within 3 months. Data handed over the entire document or data stuff & company's property to their HR & Director does not give you any advantage. They hired you and paid you during your probation (your learning period where ROI is very low for an organization).

Companies want to avoid such practices and losses and therefore have to safeguard themselves. Please treat this as a learning and move on.

Regards,
RM