Navigating Overlapping Job Dates: How to Explain to Future Employers?

Assume: Current company = X, New company = Y, New company in future (after Y) = Z

I have resigned from my current company X, and they are by no means ready to negotiate the notice period of 2 months. The new company Y cannot wait for me for more than 1 month. I resigned on 25th April 2011, and my notice period ends on 25th June 2011. The new company has given me the joining date of 25th May 2011. The new company does not need a relieving/experience letter from my current company, but I feel it's better to get a relieving letter from the current company. I informed the current company that I will serve a notice period of 1 month, and for the other month, I will provide telephonic support to the team members as and when needed. However, in reality, I will be joining the new company on 6th June 2011 and physically working in the new company only.

Question Regarding Overlapping Employment Dates

My question is: In the end, I will have a relieving letter from the current company dated 25th June 2011, and an appointment letter from the new company dated 25th May 2011. There will be an overlap of around 1 month. So in the future, when I receive an offer from some other company Z, can I explain this scenario to them? Will they believe/accept it?

Note: I have already tried all possible ways to convince both Current X and New Y Company to reduce the notice period or extend the joining date, but nothing worked; all in vain! So please advise accordingly.

I seek valuable thoughts/advice on this.

I think there is some confusion. If you are ready to support them through telephone and internet, then why would they not relieve you on the 25th of May or maybe the 5th of June? When you won't be physically going to the company, they cannot show you as present every day. So, the date of relieving should be the last working day with the company. Talk it out with them for better clarity.

If you would be working in the new company for a month and there is a month of overlapping, you can get in trouble for working in two companies simultaneously. Just do not do that; it is like calling for trouble for yourself. You can provide support through phone and internet, but you should get relieved earlier.

The selection of two options at a time is a big task for you. This will create confusion for you in work configuration and better accessibility. For releasing before one month, you should contact your employer/HR/HOD and request to waive off your remaining 1-month notice period. If your employer agrees, the confusion will be resolved. Your work experience certificate and relieving letter are necessary for your future career prospects. If Company Y does not require your experience-related documents, that's good. However, if you decide to join Company Z in the future, you may need such documents. Sometimes, for early relieving from the notice period, the employer may want to receive/pay the total monthly salary.

First Option: Influence Your Employer

The first option is better if you can influence your employer politely. Nowadays, employers do not want to wait long to assign tasks to newly selected individuals.

Thanks & Best Regards,

Thanks to both of you.

Clarification on Employment Situation

I do not work in company X; I work on their payroll. They have outsourced me, meaning that I work on-site at the client company. I will provide telephonic support (not the whole day, sometimes in the evening) to the client. The client will not utter a word about it, and thus, company X will not be aware of that. I have already tried all the ways to convince both Current X and New Y Company to reduce the notice period or extend the joining date, respectively, but nothing worked, all in vain!

Concerns About Overlapping Employment

@Archna: You said, "there is a month of overlapping; you can get in trouble for working in two companies simultaneously." Is it only if either company X or Y comes to know about it? Will there still be trouble if none of them ever come to know about it?

@Vikas: As I said earlier, I have already tried all the ways; it seems like company X just wants to harass me. I even asked them for a buy-out of the notice period but no luck.

Future Employment with Company Z

When in the future I go to company Z, I will produce an overlapping dated letter and explain what the issue was. Will they accept?

Please help! Is it possible for the new employer to give an appointment letter of a later date because the new employer is already aware of the above issue? So that I will not have overlap.

Regards

You are asking a very simple question in a somewhat complicated way.

Clarifying Questions

- Will your new employer allow you to join without producing a relieving letter at the time of joining?
- Is your new employer aware that you are not yet relieved by your last employer and that you are supposed to offer telephonic support to them while working with the new employer?
- Is your last employer aware that, although you have committed to offer telephonic support, you are actually joining a new employer?

I feel under the circumstances, you should keep all concerned parties informed in writing about your employment status to avoid any complications. All concerned parties include the HOD, Reporting Manager, HR Manager, and Recruiter at both companies.

None of them, current or new, know that I will be joining a new company or providing telephonic support to the previous one, respectively. In fact, I cannot do that. A friend of mine suggested that it's better not to have a relieving letter rather than doing such overlapping things.

As nothing is working out, can I prove my experience in the company using the Offer Letter, Appointment Letter, Salary Slips, and a copy of the resignation email/letter at some point in the future instead of putting myself in some fraudulent acts?

I think you are imagining yourself getting caught in legal and HR tangles, and it also appears that you are not an HR person. Ask yourself or try to find out the answers to the following questions:

1. What is the purpose of a relieving letter?

2. If a person leaves a job, say in the month of January, and goes to another city or native place, starts a business of their own, comes back to the city in the month of July, and goes to the company to get their relieving letter:

- Will the company give them their relieving letter or not?
- The company may declare them "absconding" or they may issue a termination letter subsequently, but will they issue a relieving letter or not?

Alternatively, the person may not be bothered even to take their relieving letter. So what would be the implications for them?

3. To what extent does the absence of any relieving letter tie a person to a job? For example, if a company does not have the practice of issuing a relieving letter, does it mean that an employee who has left the company years ago can be considered to be working in perpetuity (forever)?

I think it is time that the myth of the relieving letter needs to be busted by progressive, humanitarian, intellectual HR professionals, although it might amount to a little bit of HR power being stripped off.

Warm regards.

Understanding the Risks of Overlapping Employment

I do not understand why you are taking such an undue risk. Be open, transparent, and share facts with both your employers. I do not think you will get a relieving letter from your employer since you are abandoning them to join a new employer, and I am not sure whether the new employer will allow you to join their services without producing a relieving letter from the previous employer. There is no ethical and professional solution to your problem.

@vkokamthankar - No, none of them, current or new, know that I will be joining a new company or providing telephonic support to the previous one, respectively. In fact, I cannot do that. A friend of mine suggested that it's better not to have a relieving letter rather than engaging in such overlapping activities. As nothing is working out, can I prove my experience in the company using the Offer Letter, Appointment Letter, Salary Slips, and a copy of the resignation email/letter at some point in the future instead of putting myself in some fraudulent acts.

Thanks, @vkokamthankar. The new employer does not require a relieving letter from the current company.

Legal Matters Regarding Employee Agreement

My employee agreement (not a bond) states: "In case an employee wishes to resign, he/she will have to serve a notice period of 2 months. Failing which, he/she will be liable to pay 2 months' salary in lieu of the notice period. The company, at its own discretion, may reduce or waive the notice period." However, they are not doing any of that, neither reducing the notice period nor allowing me to pay for it. If I leave the company on the last working day as stated in my resignation, what legal actions can the company take at worst?

Possible Actions from the Employer

- No relieving letter or service certificate now as well as in the future.
- Employer may terminate your services for abandoning or absconding from duty.
- Employer will hold back/not settle your dues.
- Employer may write to your current employer informing them that you are not relieved by them and you should not be allowed to join them unless relieving formalities are completed.
- Employer may give negative feedback in case of employment and background verification, which can create serious problems now as well as in the future.
- If blacklisted, you cannot join them back in the future.
- You can be blacklisted on the NASCOM database.

[n.p.v.;1556261] @Raj - Thanks
@vkokamthankar - The new employer does not need a relieving letter from the current company.

Lastly, I want to ask you about legal matters:
My employee agreement (NOT BOND) states, "In case the employee wishes to resign, he/she will have to serve a notice period of 2 months. Failing which, he/she will be liable to pay 2 months' salary in lieu of the notice period. The company, at its discretion, may reduce or waive the notice period." But they are not doing any of that, neither reducing the NP nor allowing me to pay for it. If I leave the company on the last working day as stated in my resignation, at worst, what legal actions can the company take?

Dear NPV,

The suggestion given by 'Raj Kumar' and 'vkokamthankar' is most appropriate in this regard. If your immediate supervisor or HR of Company X is not supporting you in any way, you could get in touch with the VC/Chairman of the company through mail or by phone and share the true facts. I think he/she will support you.

Alternatively, your second option might also be suitable. If you politely request the HR/supervisor to allow you to support Company X for one month telephonically without any remuneration, except for experience and relieving letters. Avoid jeopardizing your career in this situation and make a well-informed decision after discussing with both your current and potential new employer.

Legal action should be the last resort when all other avenues have been exhausted. You may consider filing a suit against your existing employer for such actions in the labor court or appellate authority if you wish.

Thanks & Best Regards,

I feel bad about your situation. You have resigned from your current company X on 25 April 2011, which means the notice period ends on 25 June 2011. Whereas you want to join the new company Y on 25 May 2011 rather than 6 June 2011. It seems you are smart enough to manage things until here.

Now, the problem is whether any future company Y will create some legal or HR trouble for you in the future regarding the overlapping periods.

First, where are you currently, as today is 28th July 2011? Has your problem already been solved or is it still ongoing?

Second, what is your salary with your current employer, and what will your salary be with your new employer? If you leave your current employer after serving a month of the notice period, will you only have to pay a month's salary?

Third, this is the case of working in two separate companies on the same day, which you can only do if you have the ability or logic to show different job timings altogether. As you mentioned that you can handle the work of current company X over the telephone or internet, it simply shows that you have the logic to demonstrate that you worked in your spare time with them for extra earnings and to complete the notice period.

Fourth, you may take leave, leave without pay, and unauthorized leave. The most significant action that the current company can take will be to terminate you, and that's likely what you expect from them, I guess.

With Good Luck,

Regards, Robin

I know how curious someone can be to know what happened because this could definitely happen to them too. So, I decided to reply. Well, I was lucky that my new employer was convinced to allow me to serve a 60-day notice. I had to take a chance, though. I finally sent an email to the new employer stating that I cannot risk losing my experience letter or being blacklisted. In the worst case, I might have to reject the offer. The very next day, I received a reply that they were fine with it and that I could serve the complete notice.

Not everyone may be that lucky, but I wish them good luck. 

Thank you.

The relieving dates of my company, M, and my company are the same: June 10, 2012. Will this pose a problem during Z company's background verification process?

Regards,
Nagaraj.

Hi all, This is Vivek. I have a question regarding my previous employer. I was working with Birlasoft Ltd at the Noida location for 2 years. I resigned from there and joined the next company (RampGreen Tech, Delhi) during the notice period of Birlasoft because they wanted me to join without a release letter. Now, I have a service overlap of one month between these companies - one month joined and one month released.

Question About Employee Verification

My question is: will this create any problems during the employee verification process at my new company?

Regards, Vivek

Service Overlap Concern During Employment Verification

This is Vivek. I have a question regarding my previous employer. I was working with X Ltd in Noida for 2 years. I resigned from there and joined the next company (Y) during the notice period of X because they (company Y) wanted me to join without a release letter. Now, I have a service overlap of one month between these companies, with one month of joining and one month of release.

My question is, will this create any problems during employee verification at my future company (Z)?

Regards,
Vivek